§ 8-36. Administrative amendments to the Florida Building Code.

(a)

The provisions of subsection (b) of this section replace the corresponding numbered sections of the Florida Building Code or, where there is no corresponding numbered section, supplement the Florida Building Code.

(b)

The following sections supplement the Florida Building Code:

(1)

a.

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

b.

Liability. No employee charged with the responsibility of enforcing or implementing this Florida Building Code shall be personally liable for any damages for any defective or hazardous or illegal condition or inadequacy in such building, structure or plan, nor for any failure of any component of such building or structure which may occur subsequent to such inspection or permitting. The Building Official, when discharging the duties required by this Florida Building Code or other pertinent law or ordinance, shall not be personally liable for any damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties.

This Florida Building Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the Building Code Enforcement Agency as described in subsection (2)a of this section or the City assume any such liability by reason of the inspections authorized by this Florida Building Code or any permits or certificates issued under this Florida Building Code.

(2)

Department of building and safety.

a.

Creation of enforcement agency. The construction services and permitting division (and its successor department as it may be renamed) is hereby designated as the Building Code Enforcement Agency under the direction of the Building Official. This shall not prohibit other authorized persons from enforcing violations of the Florida Building Code.

b.

General. The Building Official is hereby authorized and directed to enforce all the provisions of this Florida Building Code. For such purposes, the Building Official shall have all the powers provided for the Building Official as set forth in the Florida Building Code, state statutes, the Code and any other applicable law. The Building Official shall have the power to render interpretations of this Florida Building Code and to adopt and enforce rules and supplemental regulations to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this Florida Building Code. This shall not prohibit other authorized persons from enforcing building violations of the Florida Building Code.

c.

Inspectors and officers. The Building Official may appoint such number of technical officers, inspectors and other employees as shall be authorized from time to time. Persons appointed by the Building Official shall have the powers delegated to them by the Building Official.

(3)

Powers and duties of Building Official.

a.

Right of entry. Where it is necessary to make an inspection to enforce the provisions of this Florida Building Code, or when the Building Official has reasonable cause to believe that there exists in a building or structure, or upon a premises or property a condition that is contrary to or in violation of this Florida Building Code which makes the building, structure, premises, or property, or any electrical, gas, mechanical, or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter the building, structure, premises or property at reasonable times to inspect or to perform any duties imposed by this Florida Building Code. If such building, structure, premises or property are occupied, the Building Official shall present identification to the occupant and request entry. If such building, structure premises or property are unoccupied, the Building Official shall make a reasonable effort to locate the owner or other person having charge or control of the building, structure, premises or property and request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure entry.

b.

Inspection warrant. When the Building Official shall have first obtained an inspection warrant or other authorization provided by law to secure entry, no owner or occupant or any persons having charge, care or control of any building, structure, or premises, or property shall fail or neglect, after request is made, to promptly permit entry by the Building Official for the purpose of inspection and examination pursuant to this Florida Building Code.

c.

Stop work notice. Whenever any building, structure, electrical, gas, mechanical, plumbing or other construction related work is being done contrary to the provisions of this Florida Building Code, or other laws or ordinances implemented through the enforcement of this Florida Building Code, or contrary to the condition of a permit, or in a dangerous or unsafe manner, the Building Official shall require the work stopped by posting a written notice in a conspicuous place on the site or served on any persons engaged in the doing or causing such work to be done. Such persons shall immediately cease and desist the identified work until authorized by the issuance of a new permit, issuance of a revised permit, or when authorized in writing by the Building Official to proceed with the work. Such notice shall be posted on the site or given either to the owner of the property, or to his agent, or to the person doing the work. Where an emergency exists, the Building Official may provide verbal notice and shall not be required to give written notice prior to stopping the work but shall provide such written notice within a reasonable time after stopping the work. Failure to cease work after receipt of either the verbal or written notice provided herein shall be a violation of this section. Stop work notices may be issued for all or a portion of the work performed on a site or pursuant to a permit.

d.

Rejection, suspension, revocation. The Building Official is authorized to reject a permit application and to suspend or revoke any approval or permit issued under the provisions of this Florida Building Code whenever the application or approval was made or permit issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation, or any provision of this Florida Building Code.

e.

Violation of code provisions. The Building Official is authorized to suspend or revoke a permit upon determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which a permit was issued is in violation of, or not in conformity with, the provisions of this Florida Building Code or the conditions of the permit.

f.

Unsafe buildings, structures, or systems.

1.

All buildings, structures or systems (electrical, gas, mechanical, plumbing) regulated by this Florida Building Code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures or systems constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other structural members that are supported by, attached to, or a part of a building or structure or systems and that are in deteriorated condition or otherwise unable to sustain the design loads that are specified in this Florida Building Code are hereby designated as unsafe.

2.

All unsafe buildings, structures, or systems are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in this chapter. The Building Official may initiate any action to prevent, restrain, correct or abate the public nuisance.

g.

Requirements not covered by code. The Building Official may impose any additional requirements necessary for the strength, stability, safety or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically required by this or the other technical codes.

h.

Occupancy violations. Whenever any building, structure, premises or equipment regulated by this Florida Building Code is being used in violation of the provisions of this Florida Building Code, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by serving written notice on any person causing such use (e.g., the owner, tenant, occupant or their agents) until such use complies with the requirements of this Florida Building Code. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice.

i.

Modifications. When there are practical difficulties involved in carrying out the provisions of this Florida Building Code, the Building Official may grant modifications for individual cases. The Building Official shall first find that specific reasons make the strict letter of this Florida Building Code impractical and that the modification is in conformance with the intent and purpose of this Florida Building Code and that such modification does not lessen any fire-protection requirements or any degree of structural integrity. The details of any action granting modifications shall be in writing and recorded and entered in the files of the Building Official.

j.

Tests and surveys.

1.

Whenever there is insufficient evidence of compliance with any of the provisions of this Florida Building Code or evidence that any material work or construction does not conform to the requirements of this Florida Building Code or the approved plan or permit, the Building Official may require tests or surveys to be made at no cost to the City to ensure compliance. Test methods shall be as specified by this Florida Building Code or by other recognized test standards. If there are no recognized and accepted test methods, the Building Official shall determine acceptable test methods.

2.

All tests or surveys shall be made by an entity or person approved by the Building Official. Reports of such tests shall be retained by the Building Official for the period required for the retention of public records.

k.

Cooperation of other officials and officers. The Building Official may request, and shall receive, the assistance and cooperation of other officials including but not limited to police, fire, utilities, codes and public works so far as is required in the discharge of the duties required by this Florida Building Code or other pertinent law or ordinance.

l.

Owner builder permits. The Building Official may deny the issuance of a permit to an owner if the Building Official determines that the owner is not capable of performing the work. The Building Official may determine that an owner is not capable of performing the work if an owner is unable to understand basic construction principles and practices or is unable to effectively understand the basic principals to obtain a construction permit.

1.

Owners of residential property, constructing or improving one- or two-family, attached or detached, dwelling or accessory structures on such property for the occupancy or use of such owners and not offered for sale or lease (except for a two-family dwelling, one dwelling may be leased) and when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors, shall be exempt from the requirement that work be performed by a licensed contractor and the owner may obtain required permits except as provided in this section.

2.

Owners of property, constructing or improving buildings not included in subsection (3)l.1 of this section, excluding electrical work, penetrations of fire related assemblies, installation of fire safety components, or work affecting the means of egress, on such property for the occupancy or use of such owners at a total cost not to exceed $500.00, and not offered for sale or lease and when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors, shall be exempt from the requirement that work be performed by a licensed contractor and the owner may obtain required permits except as provided in this section. An owner/contractor will be subject to penalties pursuant to F.S. ch. 489, as amended.

3.

i.

In an enforcement action brought under this part, proof of the sale or lease, or offering for sale or lease, of any such building by the owner within one year after completion of the work or issuance of a certificate of occupancy, whichever is later, creates a presumption that the construction was undertaken for purposes of sale or lease and shall be a violation of this section. This subsection does not exempt any person who is employed by or has a contract with such owner and who acts in the capacity of a contractor.

ii.

The owner may not delegate the owner's responsibility to directly supervise all work to any other person unless that person is registered or certified under this part and the work being performed is within the scope of that person's license. For the purposes of this subsection, the term "owners of property" includes the owner of a mobile home situated on a leased lot.

4.

Any owner of property convicted of violating this section shall be prohibited from obtaining a permit pursuant to this exemption for a period of two years from the approval date of all required final inspections or the conviction or, if appealed, the date of the final appellate decision, whichever is later.

5.

To qualify for exemption under this subsection, a property owner must personally appear and sign the permit application. The Building Official may accept a notarized permit application if the property owner is unable to personally appear and sign the permit application. The Building Official shall provide the property owner with a disclosure statement in substantially the following form:

Disclosure Statement

State law requires construction to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions even though you do not have a license. You must provide direct, onsite supervision of the construction yourself. You may build or improve a one-family or two-family residential dwelling. You may also build or improve a commercial building, provided your costs do not exceed $500.00. The building or residential dwelling must be for your own use or occupancy. The building or residential dwelling may not be built or substantially improved with the intent to sell or lease. If you sell or lease a building you have built or substantially improved yourself within one year after the construction is complete, the law will presume that you built or substantially improved it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person to act as your contractor or to supervise people working on your building.

It is your responsibility to make sure that people employed by you have licenses required by State law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, Florida Building Codes, and zoning regulations. You may be ordered to obtain a current survey if it appears that your construction violates required setbacks from your lot lines.

m.

Certificate of occupancy, exception. A certificate of occupancy shall not be required for:

1.

A change of ownership or tenancy in a building for which a certificate of occupancy was issued, provided there has been no remodeling or alterations to the building to change its approved use. This exemption shall not apply to indoor or outdoor eating or drinking establishments (e.g., restaurants, bars, lounges) or to residential rental property for which the business tax has not been paid for more than two years.

2.

Temporary vendors who locate within a fully enclosed shopping mall for less than 90 days, do not require the use of hazardous chemicals, materials or gasses for the conduct of their business, are not participating in a special event as defined by this chapter and who do not set up and operate from an enclosed kiosk or similar structure.

3.

Home occupations. This section shall not prohibit the Building Official or Fire Marshal from conducting inspections that are necessary to protect the health, safety and welfare of the occupants and the general public.

4.

Violations and penalties.

i.

Any person who shall violate any provision of this Florida Building Code or fail to comply therewith or with any of the requirements thereof or any order of the Building Official, or who shall erect, construct, alter, demolish or move any structure, or has caused or allowed to be erected, constructed, altered, repaired, moved or demolished a building or structure in violation of this Florida Building Code, may be punished as provided in section 1-7 or as otherwise allowed by law.

ii.

The imposition of a penalty does not prevent the revocation or suspension of a license, permit or franchise, or the imposition of civil fines or other administrative actions, including action pursuant to F.S. ch. 162, as amended.

5.

Appeals. Any person aggrieved by a ruling of the Building Official or Fire Marshal may file a written appeal to the Pinellas County Construction License Board of Appeals (Board) or its successor as provided in Laws of Fla. ch. 75-489, as amended, provided such ruling is within the appellate jurisdiction of such Board.

n.

Alternative plans review and inspections.

1.

Any owner, or the owner's contractor upon written authorization from the owner, may choose to use a private provider to provide building code inspection services in lieu of similar services provided by the City. Such private provider services shall be governed as prescribed by the Florida Building Code, the City Code, and subject to the following conditions:

a.

If the private provider supplies plan review services, then the owner or contractor shall be required to use a private provider to also supply the required building inspections.

b.

The private providers must timely submit all forms required by the POD.

c.

If there is a current contract for purchase of the property subject to the private provider inspection services, then proof of notice to the prospective buyer that private provider inspections services in lieu of City conducted inspections are being utilized is required to be submitted to the POD.

d.

The requirements of this section shall not apply to inspections for compliance with City zoning and design regulations.

2.

The Building Official may deny an owner or contractor from utilizing any private provider inspection and plan review services in lieu of City provided services for a period of 365 days, if the owner or contractor has submitted inspection reports and plans through any private provider for prior projects, and three or more of the following conditions exist or have occurred within the preceding 365 days:

a.

The contractor or owner's selected private provider has its required state licenses suspended or revoked.

b.

The contractor or owner has previously utilized private providers which have performed inspection services for the owner or contractor outside the scope of the private provider's licensed discipline.

c.

The contractor or owner, through a private provider, has failed to submit a notice required by the Florida Building Code or the City Code.

d.

The owner or contractor, through the use of a private provider, has falsified documents, including, but not limited to, records of inspections. For the purposes of this subsection falsify means to knowingly alter information or documents so as to mislead.

e.

The owner or contractor has a shared ownership or other financial interests in the project with the private provider beyond the agreement for provision of inspection services.

f.

The contractor or owner has had previous projects audited or inspected by the Building Official after certification by a private provider, and such inspection by the Building Official has revealed that:

i.

The structure was not built to approved plans; or

ii.

The construction did not comply with applicable codes, including those related to life safety.

3.

Appeal procedures. An owner or contractor may appeal a determination of the Building Official that the owner or contractor may not utilize private provider services for a period of 365 days. Such party is afforded a right of hearing upon payment of a filing fee of $50.00 and a written request for such hearing filed with the City Clerk within ten days of service of the written order of the Building Official imposing the 365-day ban. Failure to affect personal notice shall not prevent the City from enforcing the ban upon private provider inspection services.

a.

In any hearing before the hearing officer, formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of the State. Each party shall have the right to be represented by counsel, to call and examine witnesses under oath, to introduce documentary evidence or exhibits, to cross-examine opposing witnesses on any relevant matter even though the matter was not covered under direct examination, to impeach any witness regardless of which party first called him to testify, and to submit rebuttal evidence. Each hearing shall be electronically recorded.

b.

The burden of proof by a preponderance of the evidence is upon the City to show that the conditions for a 365-day ban on the use of private provider inspection services have been met. At the hearing, the hearing officer shall affirm, modify, or reverse the findings of the POD that a ban on the use of private providers by an owner or contractor is warranted. If the hearing officer agrees with the determination of the POD, he or she shall enter a final order approving the 365-day ban.

c.

The hearing officer may modify an order of ban, or impose special conditions as agreed upon by the parties. If the hearing officer disagrees with the determination of the POD, he or she shall enter an order reversing the order of ban. All orders shall be issued in writing and shall contain findings of fact and conclusions of law supporting the decision.

d.

Any person aggrieved by the decision of the hearing officer may seek judicial review in accordance with the State appellate rules or other applicable law.

(c)

The following additional amendments are made to the Florida Building Code:

(1)

Administrative amendments to the Florida Building Code, Building.

Add a new Sec. 104.10.1 as follows:

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

Modify the following subsections of Sec. 107.3.5 as follows:

107.3.5 Minimum plan review criteria for buildings.

Commercial Buildings: Building

8.

Structural requirements shall include:

Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement), flood damage-resistant materials, 2 feet of freeboard or floodproofing. When an existing building or structure permitted under this section complies with the FIRM at the time of issuance of a permit for new construction/addition, neither the existing building nor the new construction/addition, is required to comply with the additional building height footage required to be added to the base flood elevation by this section.

Residential (one- and two-family)

6.

Structural requirements shall include:

Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, declaration of land restriction (nonconversion agreement) , equipment, and flood damage-resistant materials.

Add a new Sec. 107.6.1 as follows:

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

Add a new Sec. 117 as follows:

117 Variances in flood hazard areas.

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

(2)

Technical amendments to the Florida Building Code, Residential.

Modify Sec. R322.2.1 as follows:

R322.2.1 Elevation requirements.

1.

Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 feet or the design flood elevation , whichever is higher .

2.

Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 2 feet , or to the design flood elevation, whichever is higher.

3.

In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 2 feet , or at least 4 feet if a depth number is not specified.

4.

Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 2 feet or the design flood elevation , whichever is higher .

Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

5.

When an existing building or structure permitted under this section complies with the FIRM at the time of issuance of a permit for new construction/addition, neither the existing building nor the new construction/addition, is required to comply with the additional building height footage required to be added to the base flood elevation by this section.

6.

Buildings and structures in flood hazard areas without a base flood elevation, such as an A or A0 zone, must be elevated two feet above the base flood elevation calculated by the permit applicant.

7.

For all residential buildings and structures, regardless of flood hazard designation: Building slab shall be at least one (1) foot above the centerline of the roadway to which the building or structure fronts, and not less than a minimum elevation of 103.00 per city datum or as dictated by the Federal Emergency Management Agency.

Modify Sec. R322.2.2 as follows:

R322.2.2 Enclosed areas below design flood elevation. Enclosed areas, including crawl spaces, that are below the design flood elevation shall:

1.

Be used solely for parking of vehicles, building access or storage. The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators and shall not be temperature-controlled. The limitation on partitions does not apply to crawlspace foundations. Storage shall be limited to items which otherwise would be stored outside a building or items normally used outside (e.g., grill, lawn mower, folding chairs, etc.). Access to enclosed areas shall be the minimum necessary to allow for permitted uses and limited to garage door and no more than two standard exterior doors. The City reserves the right to inspect, at any time, enclosures to ensure the above requirements are being met.

Modify Sec. R322.3.2 as follows:

R322.3.2 Elevation requirements.

1.

All buildings and structures erected within coastal high hazard areas shall be elevated so that the lowest portion of all structural members supporting the lowest floor, with the exception of mat or raft foundations, piling, pile caps, columns, grade beams and bracing, is:

1.1

Located at or above the base flood elevation plus 2 feet or the design flood elevation , whichever is higher , if the lowest horizontal structural member is oriented parallel to the direction of wave approach, where parallel shall mean less than or equal to 20 degrees (0.35 rad) from the direction of approach, or

1.2

Located at the base flood elevation plus 3 feet , or the design flood elevation, whichever is higher, if the lowest horizontal structural member is oriented perpendicular to the direction of wave approach, where perpendicular shall mean greater than 20 degrees (0.35 rad) from the direction of approach.

1.3

When an existing building or structure permitted under this section complies with the FIRM at the time of issuance of a permit for new construction/addition, neither the existing building nor the new construction/addition, is required to comply with the additional building height footage required to be added to the base flood elevation by this section.

2.

Basement floors that are below grade on all sides are prohibited.

3.

The use of fill for structural support is prohibited.

4.

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.

Exception: Walls and partitions enclosing areas below the design flood elevation shall meet the requirements of Sections R322.3.4 and R322.3.5.

Modify Sec. R322.3.4 as follows:

R322.3.4 Walls below design flood elevation. Walls are permitted below the elevated floor, provided that such walls are not part of the structural support of the building or structure and:

1.

Electrical, mechanical, and plumbing system components are not to be mounted on or penetrate through walls that are designed to break away under flood loads; and

2.

Are constructed with insect screening or open lattice; or

3.

Are designed to break away or collapse without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Such walls, framing and connections shall have a design safe loading resistance of not less than 10 (470 Pa) and no more than 20 pounds per square foot (958 Pa); or

4.

Where wind loading values of this code exceed 20 pounds per square foot (958 Pa), the construction documents shall include documentation prepared and sealed by a registered design professional that:

4.1.

The walls below the design flood elevation have been designed to collapse from a water load less than that which would occur during the design flood.

4.2.

The elevated portion of the building and supporting foundation system have been designed to withstand the effects of wind and flood loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the design flood. Wind loading values used shall be those required by this code.

Modify Sec. R322.3.5 as follows:

R322.3.5 Enclosed areas below the design flood elevation. Enclosed areas below the design flood elevation shall be used solely for parking of vehicles, building access or storage. The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators and shall not be temperature-controlled. The limitation on partitions does not apply to crawlspace foundations. Storage shall be limited to items which otherwise would be stored outside a building or items normally used outside (e.g., grill, lawn mower, folding chairs, etc.). Access to enclosed areas shall be the minimum necessary to allow for permitted uses and limited to garage door and no more than two standard exterior doors. The City reserves the right to inspect, at any time, enclosures to ensure the above requirements are being met.

(3)

Technical amendments to the Florida Building Code, Building.

Add a new Sec. 1612.4.1 as follows:

1612.4.1 Requirements for enclosed areas. In addition to the requirements in ASCE 24 for enclosed areas below elevated buildings, the following limitations apply:

1.

The interior portion of such enclosed areas shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators and shall not be temperature-controlled. The limitation on partitions does not apply to crawlspace foundations.

2.

Storage shall be limited to items which otherwise would be stored outside a building or items normally used outside (e.g., grill, lawn mower, folding chairs, etc.). Access to enclosed areas shall be the minimum necessary to allow for permitted uses and limited to garage door and no more than two standard exterior doors.

Modify Sec. 16.12.5 as follows:

1612.5 Flood hazard documentation. The following documentation shall be prepared and sealed by a registered design professional and shall be submitted to the building official:

1.

For construction in flood hazard areas not subject to high-velocity wave action:

1.1.

The elevation of the lowest floor, including basement, as required by the foundation inspection and the final inspection in Section 110.3.

1.2.

For fully enclosed areas below the design flood elevation where provisions to allow for the automatic entry and exit of floodwaters do not meet the minimum requirements in Section 2.6.2.1, ASCE 24, construction documents shall include a statement that the design will provide for equalization of hydrostatic flood forces in accordance with Section 2.6.2.2 of ASCE 24.

1.3.

For dry floodproofed nonresidential buildings, construction documents shall include a statement that the dry floodproofing is designed in accordance with ASCE 24 and shall include an operation and maintenance plan .

(Code 1992, § 8-33; Ord. No. 512-G, § 4, 12-20-2001; Ord. No. 745-G, § 1, 8-4-2005; Ord. No. 798-G, § 2, 12-14-2006; Ord. No. 907-G, § 1(8-33), 1-8-2009; Ord. No. 98-H, §§ 2—4, 12-5-2013; Ord. No. 191-H, § 1, 8-20-2015; Ord. No. 316-H, § 1, 2, 12-14-2017; Ord. No. 334-H, § 1, 8-2-2018)