City of South Pasadena, FL Building Construction and Uniform Codes

Chapter 83 Building Construction and Uniform Codes

[HISTORY: Adopted by the City Commission of the City of South Pasadena 3-8-2022 by Ord. No. 2022-01. Amendments noted where applicable.[1]]

[1]

Editor's Note: This ordinance also repealed former Ch. 83, Building Construction and Uniform Codes, adopted 12-18-1984 by Ord. No. 84-23 as Ch. 6 of the 1984 Code, as amended.

Article I General Provisions

§ 83-1 Plan review fee required.

All new construction and or renovations shall pay a plan review fee of 50% of the building permit fee.

§ 83-2 Fire district established.

The fire district shall encompass all areas in the City zoned commercial.

§ 83-3 Development impact fee; disposition of funds.

All property owners of new buildings, or structures or additions which increase the square footage under roof, or additions which increase the square footage, shall, at the time of requesting a permit, pay to the City a development impact fee in an amount as set forth from time to time by resolution of the City Commission.[1] Residential development shall be as defined by the Florida Building Code.

[1]

Editor's Note: See Ch. A198, Fees.

The funds collected from the development impact fees specified in this section of the Code shall be specifically allocated for the payment of expenditures for construction of streets, sidewalks, drainage facilities, recreation facilities or programs required as a result of building activity within the City of South Pasadena; and, further, said funds shall be deposited in the capital improvement fund for these aforementioned purposes.

Article II Administration of Florida Building Code

§ 83-4 Applicable standards.

The City hereby adopts and incorporates the current edition of the Florida Building Code promulgated by the Florida Building Commission pursuant to F.S. Chapter 553, Part IV, as amended from time to time, and the current edition of the Florida Fire Prevention Code, as amended from time to time, promulgated by the state Fire Marshal pursuant to § 633.202, Florida Statutes. The following codes are hereby adopted by reference as if set out at length in this section:

Florida Building Code - Building.

Florida Building Code - Residential.

Florida Building Code - Plumbing.

Florida Building Code - Mechanical.

Florida Building Code - Existing Building.

Florida Building Code - Fuel Gas.

Florida Building Code - Energy Conservation.

Florida Building Code - Accessibility.

National Electrical Code (NFPA 70).

Florida Fire Prevention Code.

NFPA: 101 Life Safety Code.

International Property Maintenance Code, Current Edition.

§ 83-5 Copies on file with building official; scope, effect.

Current copies of the Florida Building Code and the Florida Fire Prevention Code and amendments thereto are on file with the City's Building Official. The Building Official is hereby directed to keep such official copies on file. Any ordinance of the City when in conflict with any provisions of the above-named codes shall apply and take precedence over the general provisions of the above-named codes. Where conflicting requirements between two adopted codes exist, the more restrictive provision will apply.

§ 83-6 Fees.

Fees for all building permits shall be set by resolution of the City Commission. A schedule of fees shall be maintained in the Department of Community Improvement.

§ 83-7 Administration.

Purpose. The purpose of this Code is to establish the minimum requirements to provide a reasonable level of safety, public health, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide a reasonable level of safety to firefighters and emergency responders during emergency operations.

Permitting and inspection. The inspection or permitting of any building, system, or plan by the City under the requirements of this Code shall not be construed in any court as a warranty of the physical condition of such building, system, or plan of their adequacy.

Rules of interpretation. Where, in any specific case, different sections of the Florida Building Code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

Applicability. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every public and private building, structure, or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures, or facilities. Additions, alterations, repairs, and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building.

Exemptions. The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any future exemptions shall be as determined by the legislature and provided by law:

(1)

Building and structures specifically regulated and preempted by the federal government.

(2)

Railroads and ancillary facilities associated with the railroad.

(3)

Nonresidential farm buildings on farms.

(4)

Temporary buildings or sheds used exclusively for construction purposes.

(5)

Mobile or modular structures used as temporary offices, except that the provisions of Part II (F.S. §§ 553.501 through 553.513) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures.

(6)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(7)

Temporary sets, assemblies, or structures used in commercial motion-picture or television production, or any sound-recording equipment used in such production, on or off the premises.

(8)

Those structures or facilities of electric utilities, as defined in § 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity.

(9)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this subsection, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials and that does not incorporate any electrical, plumbing, or other nonwood features.

(10)

Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(11)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(12)

A building or structure having less than 1,000 square feet which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure:

(a)

Is not rented or leased or used as a principal residence;

(b)

Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and

(c)

Is not connected to an off-site electric power or water supply.

In addition to the requirements of F.S. §§ 553.79 and 553.80, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government.

Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided:

(1)

The building or structure is structurally sound and in occupiable condition for its intended use;

(2)

The occupancy use classification for the building or structure is not changed as a result of the move;

(3)

The building is not substantially remodeled;

(4)

Current fire code requirements for ingress and egress are met;

(5)

Electrical, gas, and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and

(6)

Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class.

Unsafe structures and systems. Unsafe structures and systems shall be abated by repair and rehabilitation or demolition. A permit shall be obtained to demolish the structure or to bring the structure into compliance with the applicable codes.

Enforcement agency. The City of South Pasadena Community Improvement Department shall serve as the local enforcement agency within the City of South Pasadena, Florida.

§ 83-8 Building official.

Department of Community Improvement. The Department of Community Improvement shall act as the City's Building Department, provided the Department employs a licensed Building Official. In the event the City is without a Building Official, Pinellas County shall act as the City's Building Department in accordance with the terms of the interlocal agreement. The Building Official shall keep, or cause to be kept, a record of the business of the Department.

§ 83-9 Permit application.

When required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy (single or mixed) or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by the Florida Building Code technical codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work.

Permits shall not be required for minor repairs or remodeling to a building, structure, or sign where such proposed repairs do not require a building permit per the Florida Building Code and will not exceed $500 in cost as determined by the Chief Building Official.

Temporary structures. A special building permit for a limited time shall be obtained before the erection or placement of temporary structures, such as construction sheds, seats, tents, and fences used in construction work or for temporary purposes. Such structures shall be completely removed upon the expiration of the time limit stated in the permit.

Work authorized. A building, electrical, gas, mechanical, or plumbing permit shall carry with it the right to construct or install the work, provided the same is shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

Information required. Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished by the Building Official for that purpose. The permit application shall contain a general description of the proposed work and its location. The application shall be signed by the owner, and, if applicable, a contractor certified by the state or county to perform practice in the scope of work proposed, or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure and shall contain such other information as may be required by the Building Official. Permit application forms shall be in the format prescribed by the Building Official, if applicable, and must comply with the requirements of § 713.135, Florida Statutes. Each application shall be inscribed with the date of application and the construction cost.

Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested, in writing, and justifiable cause demonstrated. Except as otherwise provided in this chapter, an application for a permit for any proposed work shall be deemed to have been abandoned and shall expire and become null and void six months after the date of filing for the permit, or plan approval, whichever is later unless before then a permit has been issued. One or more extensions of time for periods of not more than 90 days each may be allowed by the Building Official for the application, provided the extension is requested, in writing, and justifiable cause is demonstrated and appropriate fees paid.

Food permit. As per § 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.

§ 83-10 Drawings and specifications.

Requirements. Two or more copies of specifications, and drawings for one and two family, and three or more copies for all commercial work, drawn to a standard scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit.

Additional data. The Building Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations.

Design professional. If the design professional is an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering, then he/she shall affix his official seal to said drawings, specifications and accompanying data, as required by Florida Statute.

Survey and site drawings. Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor.

Certificate of protective treatment for prevention of termites is required to be submitted to the Building Department.

§ 83-11 Examination of documents.

Plan review. The Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws and ordinances.

Exceptions. Building plans approved pursuant to § 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the Code relating to erection, assembly, and construction at the site. Erection, assembly, and construction at the site are subject to City permitting and inspections.

Minimum plan review criteria for buildings per Section 107 of the Florida Building Code.

Affidavits. The Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes per Section 107 of the Florida Building Code.

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

Asbestos removal. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of § 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law.

§ 83-12 Fees.

Prescribed fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical, or plumbing system before obtaining the necessary permits shall be subject to a fee as provided for by resolution and the fee shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases, the required permit(s) must be obtained within three business days, and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit.

Accounting. The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, along with the date and amount thereof.

Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with the City fee schedule.

Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment, and permanent systems. If, in the opinion of the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Final permit valuation shall be set by the Building Official.

Reinspection. Failure to be found in compliance during any requested inspection may result in a reinspection and a reinspection fee as prescribed.

§ 83-13 Service utilities.

Connection of service utilities. A person shall not make connections from a utility, source of energy, fuel or power to any building or system, that is regulated by the Florida Building Code for which a permit is required, until released by the Building Official.

Temporary connection. The Building Official shall have the authority to authorize the temporary connection of the building or system to the utility, source of energy, fuel, or power.

Authority to disconnect service utilities. The Building Official shall have the authority to authorize disconnection of utility service to the building, structure, or system regulated by the Florida Building Code and the reference codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without the approval required by Section 112.1 or 112.2. The Building Official shall notify the serving utility, and whenever possible, the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified, in writing, as soon as practical thereafter.

§ 83-14 Tests.

For products not covered under the statewide product evaluation and approval system, the Building Official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency.

§ 83-15 Violations and penalties.

Any person, firm, corporation or agent who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved, or demolished a building, structure, electrical, gas, mechanical, or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor of the second degree and a violation of the City of South Pasadena Code. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed or continued. Upon conviction of any such violation such person shall be punished within the limits as provided by state laws and the general penalty set forth in § 1-16 of the City Code.

§ 83-16 Technical amendments to the Florida Building Code.

Amend Sections R322.2.1 and R322.3.2 of the Florida Building Code, Residential, as follows:

R322.2.1 Elevation requirements.
	i.	Buildings and structures in flood hazard areas, including flood hazard areas designated as Coastal A Zones, shall have the lowest floors elevated to or above the base flood elevation plus two feet, or the design flood elevation, whichever is higher.
	ii.	In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated to a height above the highest adjacent grade of not less than the depth number specified in feet (mm) on the FIRM plus two feet, or not less than four feet, if a depth number is not specified.
	iii.	Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus two feet, or the design flood elevation, whichever is higher.
		Exception: Enclosed areas below the design flood elevation, including basements with floors that are not below grade on all sides, shall meet the requirements of Section 322.2.2.
R322.2.2 Elevation requirements.
	i.	Buildings and structures erected within coastal high-hazard areas and Coastal A Zones shall be elevated so that the bottom of the lowest horizontal structure members supporting the lowest floor, with the exception of pilings, pile caps, columns, grade beams and bracing, is elevated to or above the base flood elevation plus two feet or the design flood elevation, whichever is higher.
	ii.	Basement floors that are below grade on all sides are prohibited.
	iii.	The use of fill for structural support is prohibited.
	iv.	Minor grading, and the placement of minor quantities of fill, shall be permitted for landscaping and for drainage purposes under and around buildings and for support of parking slabs, pool decks, patios, and walkways.
	v.	Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5.

Amend a definition in Section 202 and amend Section 1612.4 of the Florida Building Code, Building, as follows:

SUBSTANTIAL IMPROVEMENT

Any combination of repair, reconstruction, rehabilitation, alteration, addition, or other improvement of a building or structure taking place during a twelve-month period, the cumulative cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. The period of accumulation begins when the first improvement or repair of each building or structure is permitted subsequent to May 10, 2005. When improvements are designed in anticipation of completion at a future date, the cost of improvements shall include the cost of all work, including work to be completed at a future date. If the structure has incurred substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. For the purpose of accumulating costs of improvements and repairs, during the twelve-month period subsequent to an improvement, the cost to repair damage caused by an act of God shall not be added to the cost of that improvement, provided the costs are solely for repair and do not include additional improvements. The term does not, however, include:

	i.	Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Chief Building Official and that are the minimum necessary to assure safe living conditions.
	ii.	Any alteration of an historic structure, provided the alteration will not preclude the structure's continued designation as an historic structure.
1612.4.2 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus two feet (610 mm), whichever is higher.

Amend a definition in Section 202 of the Florida Building Code, Existing Building, as follows:

SUBSTANTIAL IMPROVEMENT

	i.	Any project for improvement of a building required to correct existing health, sanitary, or safety code violations identified by the Chief Building Official and that are the minimum necessary to assure safe living conditions.
	ii.	Any alteration of an historic structure, provided the alteration will not preclude the structure's continued designation as an historic structure.