Fort Walton Beach Council agenda — 10-13-2009 regular — reading text

liability for any 135 damage or cost in any action accruing to persons or property as a result of any act 136 or by reason of an act or omission in the discharge of official duties. Any suit 137 instituted against an officer or employee because of an act performed by that 138 officer or employee in the lawful discharge of duties and under the provisions of 139 this code shall be defended by legal representative of the jurisdiction until the 140 final termination of the proceedings. 141 142 h. Requirements not Provided in the F.B. C. Any requirements necessary 143 for the strength, stability or proper operation of an existing or proposed building, 144 structure, electrical, gas, mechanical or plumbing system, or for the public safety, 145 health and general welfare, not specifically covered by this or the other technical 146 codes, shall be determined by the building official. 147 148 3. 01. 03. Building Permit Required. 149 Any owner or authorized agent who intends to construct, enlarge, alter, 150 repair, move, demolish, or change the occupancy of a building or structure, or to 151 erect, install, enlarge, alter, repair, remove, convert or replace any required 152 impact- resistant coverings, electrical, gas, mechanical or plumbing system, or 153 alter, improve, change, enlarge or repair any parking area, stormwater 154 management system, or infrastructure, or any other installation of which is 155 regulated by this chapter, the F.B. C., or the land development code, or to cause 156 any such work to be done, shall first make application to the building official and 157 obtain the required permit. 158 159 3. 01. 04 Exceptions 160 Ordinary minor repairs may be made with the approval of the building 161 official without a permit. Minor repairs may include but are not limited to: 162 a. painting and the replacement of nonstructural flooring; 163 b. repairing flush and snap switches, replacing fuses, changing lamp 164 sockets and receptacles, taping _joints and repairing drop cords; for the installation 165 of wiring, devices or equipment for telephone, telegraph, district messenger or 166 tele -autograph systems or any signaling system ( other than a commercial radio 167 n/stem ) operating at 50 volts or less, when installed by a public utility subject to 168 regulation as such by the Florida Public Service Commission or an agency of the 169 United Stages; 170 c. repairing or replacing any fixture; 171 d. service conducted to maintain the system, including minor part 172 replacement on any piece of the system; or 173 e. repairing or replacing any plumbing fixture. 174 60- 175 176 3. 01. 05 Penalty for Commencement Prior to Permitting 177 Any person who commences any work on a building, site, structure, 178 electrical, gas, mechanical or plumbing system before obtaining the necessary 179 pennits, or any individual who acquires a permit issued in error for either 18o incorrect or false information provided on the application shall be subject to a 181 penalty of 300 percent of the usual pemlit fee or the amount of $250, whichever is 182 greater, in addition to the required pennit fees. 183 Emergency repairs e. g. over weekends or holidays) may be made without 184 subsequent penalty as long as the required -permit is gplied for on the first 185 working day following the day the emergency repairs are made. The building 186 official will determine the validity of the emergency in administering this 187 provision. 188 The building official may deny any permit application which is requested 189 by a person who has violated the provisions of this section three times or more. 190 191 3. 01. 06 Permit Fees. 192 Permit application requests shall be accompanied by fees and charges as 193 may be established by the city council by resolution in the comprehensive fee 194 schedule for proper filing and processing. 195 196 3. 01. 07 Fees for Checking Plans. 197 A fee for checking plan shall be paid to the engineering services 198 department at the time of submitting a plan and specifications. Such fee shall be 199 equal to one -half of the building permit fee. Such plan- checking fee is in addition 200 to the building_permit fee and shall be considered nonrefundable. 201 202 3. 01. 08 Fee for Re- issuance. 203 The permit holder must pay the entire permit fee to have reissued any 204 building permit that has expired, but shall not pay a plan check fee unless new 205 plans are submitted for review. 206 207 3. 01. 09 Fee for Sewer & Water Connections Required. 208 In those instances where the issuance of a permit for connecting to city 209 sewer and water is required, the fee ( including connection or impact fees) for 210 connecting to the sewer and water system of the city shall be collected at the same 211 time the fee is collected for the building permit. 212 213 3. 01. 10 Refund of Fees. 214 A refund of permit fees may be made to the permit holder under the 215 following conditions: the permit is still valid and in effect and the project is 216 cancelled and a written notice of project cancellation is filed with the building 217 official and a written request for refund is filed with the building official not more 218 than fourteen ( 14) calendar days from the date of cancellation. When no work 61- 219 under the pennit has commenced, a refund may be made of the full permit fee. 220 When any portion of the work has commenced under the pennit, no refund shall 221 be made. Refunds shall be made for duplicate permits issued for the same work. 222 223 3. 01. 11 Specific Elevation Required. y 224 No building permit shall be issued for construction of a commercial 225 building in the city unless the elevation of the floor of such building, as shown on 226 the submitted plans, is at least 12 inches above the higher of the elevation of the 227 surface of the center of the street or of the curb of the street abutting or adjacent to 228 such property where the building is to be constructed. When, in the opinion of the 229 building official or the city engineer, by examination of the plans submitted, a 230 dwelling unit requires the same elevation requirements as stated for commercial 231 buildings, the official will make such elevation requirements a condition of the 232 issuance of the building permit. 233 234 3. 01. 12 Transfer of Permit. 235 A permit holder may transfer a pennit, whether or not work under the 236 pennit has commenced, upon filing of the following information with the building 237 official: a written, notarized request from the new permit holder for the transfer of 238 the permit; a written, notarized statement from the original permit holder agreeing 239 to the transfer of the permit; along with the appropriate fees for transferring the 240 permit. Upon issuance of a transferred pennit, the new permit holder shall assume 241 full responsibility for the project and continuation of the permit. 242 In the event the contractor of record ceases to serve as the contractor on 243 the project, and the aforementioned transfer of permit does not occur, the owner 244 or the contractor must provide the building official written notice as soon as 245 possible. Upon receipt of such notice, the engineering services department will 246 perform a final inspection under this permit and close it out. Before construction 247 can continue, a properly qualified person must obtain a new permit. 248 249 3. 01. 13 Threshold Buildings. 250 Any- threshold building submitted for plan review may at the discretion of 251 the building official be required to have a third party plan review service. The cost 252 for review by the outside plan review service will be in addition to the plan 253 review fees charged by the building department and will be borne by the 254 a pl cant. 255 256 3. 01. 14 Survey of Building Foundations Required. 257 a. Survey Required. The permit holder shall submit to the building 258 official, within 21 calendar days of the foundation inspection, an as -built survey 259 m_ap depicting the foundation, pilings or similar element of the building that 260 identifies the location of the outer walls of the building_or addition as installed 261 and the location of such foundation or pilings, precisely dimensioned in relation 262 to each and every relevant property line of the property upon which a structure is 62- 263 being constructed and any other foundation or building _ on the site. 264 For waterfront properties, the mean high water line and required view 265 corridors shall be clearly indicated on the drawing. The flood zone and finished 266 floor elevation shall also be shown. The survey shall be prepared by or under the 267 direct supervision of a registered land surveyor or professional engineer and 268 certified by a registered land surveyor or professional engineer. 269 270 b Review of Survey The building official shall have seven business days 271 to review the survey, any supplemental drawings and certification provided for by 272 this section, and shall approve the survey, supplemental drawing( s) and 273 certification if all requirements have been met. 274 275 c Any work commenced within the 28 Permit Holder' s Liability. 276 calendar day period from the date of the submission of the required as- built 277 foundation survey, which is required by this section, shall be at the permit holder's 278 risk Any deficiencies or encroachments detected by the building official's review 279 shall be corrected by the permit holder forthwith and prior to further progressive 280 work being permitted to proceed Failure to submit the survey, supplemental 281 drawing and certification required by this section, or failure to make such 282 corrections, shall be cause to issue a stop work order for the project. No vertical 283 inspections shall be performed by the building official until the as -built 284 foundation survey has been submitted and approved. 285 286 d Waiver of Survey Reyuirement The building official may waive the as- 287 built foundation survey or certification for minor construction on single- family 288 residential property involving an addition or accessory building or structure if 289 1 the location of the property line can be readily ascertained, and 290 2 it can be readily and unquestionably determined that the new 291 construction is within the required building setbacks. 292 293 3. 01. 15 Enforcement of Provisions 294 Any licensed individual or company who violates the provisions of this 295 chapter or the F. B. C.may be subject to review