SECTION R107
TEMPORARY STRUCTURES AND USES
RESERVED
R107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.
R107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare.
R107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.
R107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.
SECTION R108
FEES
RESERVED
R108.1 Payment of 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.
R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.
R108.3 Building permit valuations. Building permit valuation shall include total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including materials and labor.
R108.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
R108.5 Refunds. The building official is authorized to establish a refund policy.
R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority that shall be in addition to the required permit fees.
SECTION R109
INSPECTIONS
RESERVED
R109.1 Types of inspections. For onsite construction, from time to time the building official, upon notification from the permit holder or his agent, shall make or cause to be made any necessary inspections and shall either approve that portion of the construction as completed or shall notify the permit holder or his or her agent wherein the same fails to comply with this code.
R109.1.1 Foundation inspection. Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations.
R109.1.2 Plumbing, mechanical, gas and electrical systems inspection. Rough inspection of plumbing, mechanical, gas and electrical systems shall be made prior to covering or concealment, before fixtures or appliances are set or installed, and prior to framing inspection.
Exception: Backfilling of ground-source heat pump loop systems tested in accordance with Section M2105.1 prior to inspection shall be permitted.
R109.1.3 Floodplain inspections. For construction in flood hazard areas as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a registered design professional, of the elevation of the lowest floor, including basement, required in Section R322.
R109.1.4 Frame and masonry inspection. Inspection of framing and masonry construction shall be made after the roof, masonry, all framing, firestopping, draftstopping and bracing are in place and after the plumbing, mechanical and electrical rough inspections are approved.
R109.1.5 Other inspections. In addition to the called inspections above, the building official may make or require any other inspections to ascertain compliance with this code and other laws enforced by the building official.
R109.1.5.1 Fire-resistance-rated construction inspection. Where fire-resistance-rated construction is required between dwelling units or due to location on property, the building official shall require an inspection of such construction after lathing or gypsum board or
gypsum panel products are in place, but before any plaster is applied, or before board or panel joints and fasteners are taped and finished.
R109.1.6 Final inspection. Final inspection shall be made after the permitted work is complete and prior to occupancy.
R109.1.6.1 Elevation documentation. If located in a flood hazard area, the documentation of elevations required in Section R322.1.10 shall be submitted to the building official prior to the final inspection.
R109.2 Inspection agencies. The building official is authorized to accept reports of approved agencies, provided such agencies satisfy the requirements as to qualifications and reliability.
R109.3 Inspection requests. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide access to and means for inspection of such work.
R109.4 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.
SECTION R110
CERTIFICATE OF OCCUPANCY
RESERVED
R110.1 Use and occupancy. A Building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions:
1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.
2. Accessory buildings or structures.
R110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Sections 3408 and 3409 of the International Building Code.
R110.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy which shall contain the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code.
6. The name of the building official.
7. The edition of the code under which the permit was issued.
8. If an automatic sprinkler system is provided and whether the sprinkler system is required.
9. Any special stipulations and conditions of the building permit.
R110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid.
R110.5 Revocation. The building official shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
SECTION R111
SERVICE UTILITIES
RESERVED
R111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until approved by the building official.
R111.2 Temporary connection. The building official shall have the authority to authorize and approve the temporary connection of the building or system to the utility, source of energy, fuel or power.
R111.3 Authority to disconnect service utilities. The buildingofficial shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section R102.4 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 R111.1 or R111.2. The building official shall notify the serving utility and where possible the owner or the owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner, the owner’s authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
SECTION R112
BOARD OF APPEALS
RESERVED
R112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
R112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code. do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code.
R112.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
R112.4 Administration. The building official shall take immediate action in accordance with the decision of the board.
SECTION R113
VIOLATIONS
RESERVED
R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
R113.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
R113.3 Prosecution of violation. If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
R113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.
SECTION R114
STOP WORK ORDER
RESERVED
R114.1 Notice to owner or the owner’s authorized agent. Upon notice from the building official that work on any building or structure is being executed contrary to the provisions
of this code or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s authorized agent or to the person performing the work and shall state the conditions under which work will be permitted to resume.
R114.2 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
CHAPTER 2, DEFINITIONS
Add or revise the following definitions as shown:
ADDITION. An extension or increase in floor area, number of stories or height of a building or structure.
APPLICABLE GOVERNING BODY. A city, county, state, state agency or other political government subdivision or entity authorized to administer and enforce the provisions of this code, as adopted or amended. Also applies to administrative authority.
ARCHITECT. A Florida-registered architect.
CARBON MONOXIDE ALARM. A device for the purpose of detecting carbon monoxide, that produces a distinct audible alarm, and is listed or labeled with the appropriate standard, either ANSI/UL 2034 - 96, Standard for Single and Multiple Station CO Alarms, or UL 2075 - 04, Gas and Vapor Detector Sensor, in accordance with its application.
COMMISSION. Means the Florida Building Commission created as per Section 553.74, Florida Statutes.
ENFORCEMENT AGENCY.
Local enforcement agency. An agency of local government, a local school board, a community college board of trustees, or a university board of trustees in the State University System with jurisdiction to make inspections of buildings and to enforce the codes which establish standards for design, construction, erection, alteration, repair, modification, or demolition of public or private buildings, structures, or facilities.
State Enforcement Agency. Means the agency of state government with authority to make inspections of buildings and to enforce the codes, as required by Chapter 553, Florida Statutes which establish standards for design, construction, erection, alteration, repair, modification or demolition of public or private buildings, structures or facilities.
ENGINEER. A Florida-registered engineer.
FOSSIL FUEL. Coal, kerosene, oil, fuel gases, or other petroleum or hydrocarbon product that emits carbon monoxide as a by-product of combustion.
GRAY WATER. Waste discharged from lavatories, bathtubs, showers, clothes washers and laundry trays.
GRAY WATER. As defined by Sections 381.0065(2)(b) and (d) Florida Statutes, “Graywater” means that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste. “Blackwater” means that part of domestic sewage carried off by toilets, urinals, and kitchen drains.
HIGH VELOCITY HURRICANE ZONE (HVHZ). This zone consists of Broward and Dade counties.
LANDSCAPE ARCHITECT. A Florida registered Landscape Architect.
LOCAL FLOODPLAIN MANAGEMENT ORDINANCE. An ordinance or regulation adopted pursuant to the authority granted to local governments by Title 44 Code of Federal Regulations, Sections 59 and 60 for participation in the National Flood Insurance Program.
MATERIAL CODE VIOLATION. A material code violation is a violation that exists within a completed building, structure or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.
MATERIAL VIOLATION. As defined in Florida Statutes.
MODULAR HOME. Any residential unit, constructed to standards promulgated by the Florida Building Commission, away from the installation site, and which bears a Department of Business and Professional Regulation Insignia.
REGISTERED TERMITICIDE. Product listed as registered for use as a preventative treatment for termites for new construction by the Florida Department of Agriculture and Consumer Services under authority of Chapter 487, Florida Statutes.
ROOF SECTION. A separation or division of a roof area by existing expansion joints, parapet walls, flashing (excluding valley), difference of elevation (excluding hips and ridges), roof type or legal description; not including the roof area required for a proper tie-off with an existing system.
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SEPARATE ATMOSPHERE. The atmosphere that exists between rooms, spaces or areas that are separated by an approved smoke barrier.
SITE BUILT SINGLE-FAMILY RESIDENTIAL STRUCTURES. This term shall mean site built single family detached residential structures.
SCREEN ENCLOSURE. A building or part thereof, in whole or in part self-supporting, and having walls of insect screening with or without removable vinyl or acrylic wind break panels and a roof of insect screening, plastic, aluminum or similar lightweight material, or other materials and assemblies such as a patio, deck, or roof of a structure.
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