§ 22-34. Amendments to certain provisions of the Florida Building Code relating to administration.

The following amendments to the provisions of the Florida Building Code are adopted in lieu of or in addition to the requirements of the Florida Building Code, in order to provide more stringent requirements. The following text, section-numbered in accordance with the Florida Building Code, is added or amended:

101.3.3 Permitting and inspection. The inspection or permitting of any building, system or plan 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 or their adequacy. Neither the County nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and welfare of the public.

101.4.13 Rules of Construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction and definitions set out here shall not be applied to any section of this chapter which contains any express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent with this section.

101.4.13.1 Generally. All provisions, terms phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning of the administration of the jurisdiction may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the statute of this state for the same terms.

101.4.13.2 Text. In case of any difference of meaning or implication between the text of this division and any figure, the text shall control.

101.4.13.3 Delegation of authority. Whenever a provision appears requiring the building official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the building official or other officer to designate, delegate, and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

101.4.13.4 Month. The word "month" shall mean a calendar month.

101.4.13.5 Shall, may. The word "shall" is mandatory; "may" is permissive. The word "shall" takes precedence over "may."

101.4.13.6 Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures whether by printing or otherwise.

101.4.13.7 Year. The word "year" shall mean a calendar year, unless a fiscal year is indicated.

101.4.13.8 Interpretation. Interpretations of this chapter shall be made by the building official.

101.4.14 Words not defined.

101.4.14.1 Words not defined herein shall have the meaning stated in the Florida Statutes or other nationally recognized codes, or other documents, manuals or standards adopted elsewhere in this chapter. Words not defined in those documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised.

101.4.14.2 In case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be the one applicable to the trade in question. In case of a conflict between different parts of this chapter; conflicts within the same code; or conflicts between codes; the more stringent requirements shall be applicable.

101.4.15 Words Defined.

Abandon or abandonment (1) Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination. (2) Failure of a contractor to perform work without just cause for ninety (90) days. (3) Failure to obtain an approved inspection within one hundred eighty (180) days from the previous approved inspection.

Assessed value. The value of real property and improvements thereon as established by the County Property Appraiser.

Authorized agent. A person specifically authorized by the holder of a certificate of competency to obtain permits in his stead.

Bedroom. Any residential room which has an area 70 square feet or more and a storage closet and is not part of the common living area.

Board. The appropriate County Board of Adjustment and Appeals, unless otherwise specifically stated.

Building: The removal, disassembly, repair, replacement, installation or assembly of the building, structure, building system or building components in whole or parts thereof.

Building component. An element or assembly of elements integral to or part of a building.

Building shell. The structural components that completely enclose a building, including, but not limited to the foundation, structural frame, floor slabs, exterior walls and roof system.

Building system. A functionally related group of elements, components and/or equipment, such as the electrical, plumbing and mechanical systems of a building.

Certificate of Occupancy (C.O.) An official document evidencing that a building satisfies the requirements of Sarasota County for the occupancy of a building.

Certified contractor. Any contractor who possesses a certificate of competency issued by the Department of Business and Professional Regulation of the State of Florida.

Change of occupancy. A change from one building code occupancy classification or subclassification to another.

Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure either at one (1) time or at different times within a specified period of time.

Demolition. The act or razing, dismantling or removal of a building or structure, or portion thereof, to the ground level.

FCILB. The Florida Construction Industry Licensing Board.

Imminent Danger. Structurally unsound conditions of a structure or portion thereof that is likely to cause physical injury to a person entering the structure: Or due to structurally unsound conditions, any portion of the structure is likely to fail, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the property or to a person or property nearby. Or the condition of the property is such that it harbors or is inhabited by pests, vermin or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vicinity.

Inspection warrant. A court order authorizing the official or his designee to perform an inspection of a particular property named in the warrant.

Intensification of use. An increase in capacity or number of units of a residential or commercial building.

Interior finish. The preparation of interior spaces of a commercial building for the first occupancy thereof.

Licensed contractor. A contractor certified by the State of Florida or the local jurisdiction who has satisfied all the state or local requirements to be actively engaged in contracting.

Owner's agent. A person, firm or entity authorized in writing by the owner to act for or in place of the owner.

Permit. An official document authorizing performance of a specific activity regulated by this chapter.

Permit card or placard. A document issued by the jurisdiction evidencing the issuance of a permit and recording of inspections.

Qualifying agent, primary. A person who possesses the requisite skill, knowledge, experience and certificate of competency, and has the responsibility to supervise, direct, manage, and control the contracting activities of the business organization with which he is associated: who has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit; and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency.

Qualifying agent, secondary. A person who possesses the requisite skill, knowledge, experience and certificate of competency and has the responsibility to supervise, direct, manage and control construction activities on a job for which he has obtained a permit, and whose technical and personal qualifications have been determined by investigation and examination and is evidenced by his possession of a certificate of competency.

Reciprocity. To accept a verified affidavit from any municipality or county of the State of Florida that the applicant has satisfactorily completed a written examination in its jurisdiction equal in content with the examination required by this chapter.

Registered contractor. A contractor who has registered with the Department of Professional Regulation of the State of Florida pursuant to fulfilling the competency requirements of the local jurisdiction.

Registration. The act or process of registering a locally obtained certificate of competency with the state, or the act or process of registering a state issued certificate of competency with the municipality.

Remodeling. Work, which changes the original size, configuration or material of the components of a building.

Roofing. The installation of roof coverings.

Spa. Any constructed or prefabricated pool containing water jets.

Specialty contractor. A contractor whose services do not fall within the categories specified in Section 489.105(3), Florida Statutes, as amended.

Start of construction.

Site: The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, dewatering, pilings and soil testing activities.

Stop work order. An order by the building official, or his designee, which requires the immediate cessation of all work and work activities described in the order.

Structural component. Any part of a system, building or structure, load bearing or nonload bearing, which is integral to the structural integrity thereof, including but not limited to walls, partitions, columns, beams and girders.

Substantial completion. Where the construction work has been sufficiently completed in accordance with the applicable city, state and federal codes, so that the owner can occupy or utilize the project for the use for which it is intended.

102.1 Building Official. The County Administrator, subject to the provisions in Section 2.6.F(5) of the Sarasota County Charter, shall appoint a Building Official. The Building Official shall meet all necessary requirements for a Building Official, pursuant to Florida Statutes.

102.4 Records. The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection.

102.5 Liability. Any officer or employee, or member of the Board of Adjustments and Appeals, charged with the enforcement of this code, acting in the discharge of duties, shall not thereby render himself/herself personally liable, and is hereby relieved from all personal liability, for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provisions of this code shall be defended by the department of law until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health, and welfare of the public.

103.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code, and shall not have the effect of waving requirements specifically provided for in this code.

103.2 Right of entry.

103.2.1 Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.

103.2.2 When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code.

103.3 Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of the code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work.

103.4 Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this code.

103.4.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

103.4.2 Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the buildings, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with the provisions of this code.

103.5 Unfit or Unsafe Structures.

All structures that are unsafe or unfit are nuisances and are hereby declared unlawful. They shall be abated by repair, rehabilitation, or demolition and removal in accordance with the procedures set forth in this section. This prohibition may be enforced by any other legal, equitable, or administrative means available to Sarasota County, including code enforcement proceedings under Chapter 162, Florida Statutes.

103.5.1 Definitions. The following definitions apply for purposes of this section:

"Interested Parties" is any individual or organization that has submitted to the Building Official within the past year a written request to be notified with respect to the procedures set forth in this section, identifying a specific property by tax parcel identification number or street address.

"Rehabilitation" means the process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use.

"Repair" means the replacement of existing work with the same kind of material used in the existing work.

"Structure" means that which is built or constructed. The term "structure" shall be construed as if followed by the words "or part thereof."

"Unfit" means unsanitary, unsuitable or improper for the use or occupancy for which it is intended. Unfit structures include those structures to be used as habitable space that does not meet the minimum requirements for existing buildings as outlined in Chapter 12 and Chapter 34 of the Florida Building Code.

"Unsafe" means structurally unsafe, unstable, inadequately provided with exit facilities, constituting a fire hazard, constituting a hazard to health or safety because of inadequate maintenance, exposure to weather, moisture intrusion, structural decay, dilapidation, obsolescence, abandonment, or otherwise dangerous to the health, safety, or welfare of the occupants thereof or any members of the public.

103.5.2 Authority to Order Vacation, Repair, or Demolition.

(a)

The Building Official is hereby authorized to order the vacation, demolition, and removal of any unfit or unsafe structure, or to order the repair and/or replacement of any part or parts of any structure in the County when such part or parts, by reason of fire, age, decay, moisture intrusion, deterioration, structural defects, improper design, unstable foundation, or termite infestation are dangerous to the occupants thereof, or a menace to public health, or a fire hazard, or is so unsafe as to endanger life or property or to render the use of public streets dangerous.

(b)

In the event the owner of record or other interested parties fail to comply with any condemnation order or compliance agreement within the time therein fixed, the Building Official is authorized to demolish, remove, repair, and/or rehabilitate the unfit or unsafe structure utilizing independent contractors licensed in the State of Florida. The Building Official is also authorized to utilize the services of independent architects, engineers and contractors licensed in the State of Florida to determine the condition of the structure in question, and such costs shall be assessed in the same manner as provided in Section 103.5.9.

103.5.3 Notice of Unfit or Unsafe Structure(s) and Manner of Service.

(a)

When the Building Official verifies the existence of a structure that is unfit or unsafe, the Building Official or his designee shall determine the owner of record of the property upon which the structure is located and shall send a notice to the owner of record as evidenced by the most recent deed recorded in the public property records, and to all parties whose names appear on the County tax rolls for the parcel of property that the structure is in violation with this section.

(b)

The notice shall describe the unfit or unsafe conditions, and shall indicate that these conditions must be corrected within a reasonable time frame as specified in the notice or else the structure shall be subject to abatement as provided in this section. The notice shall also indicate that a building or demolition permit must be secured prior to the commencement of any corrective work including repair and/or replacement, rehabilitation, or demolition and removal. The reasonable time frame specified in the notice shall supercede the time frames established in Section 104.6.1 of the Sarasota County Building Code.

103.5.4 Placarding Unfit or Unsafe Structures against Human Habitation.

(a)

In addition to sending the Notice to the owner of record and to interested parties, the Building Official shall cause to be posted a notice stating "This Structure is Unsafe and/or Unfit for Human Habitation" as defined by Section 103.5.1 at the entrance to the structure. The placard shall remain posted until the required repairs and/or rehabilitation are made or until the structure is demolished.

(b)

Once the structure is posted, it shall be unlawful for any person to enter such a structure except for the purposes of making the required repairs or demolishing it. However, if the structure is occupied at the time of posting, it shall be vacated within fourteen (14) calendar days. Otherwise, no person shall occupy or let to another for occupancy such a placarded structure. The owner shall immediately begin action to vacate the structure and bring it into compliance within the time prescribed. It shall be unlawful for any person to remove or deface the placard that has been posted on an unsafe or unfit building. The placard shall remain until such time as the Building Official orders the placard to be removed.

103.5.5 Extension of Time to Comply with Notice of Unfit or Unsafe Structure(s).

If the owner of record or interested parties are unable to complete the work by the date ordered or to fully comply with the violation notice, they may file a written request to the Building Official stating their reasons, and if justifiable cause is demonstrated as merited by special hardship, unusual difficulty or unique problems such as preserving significant portions and features of a structure of historic or architectural value, the Building Official may grant written reasonable extensions of time.

103.5.6 Condemnation Order and Notice of Intent to Demolish.

(a)

If the unfit or unsafe conditions are not corrected within the specified time indicated on the Notice of Unfit or Unsafe Structure(s), the Building Official shall condemn the unfit or unsafe structure and send a Condemnation Order to the owner of record and other interested parties.

(b)

In addition to sending a Condemnation Order to the owner of record and to interested parties, a copy of the order shall be posted in a conspicuous place upon the unfit or unsafe structure and a Notice of Intent to Demolish shall be recorded with the public records of Sarasota County.

(c)

Ten (10) days prior to authorizing the demolition of any unfit or unsafe structure by County contract, a Notice of Intent to Demolish shall be published in a newspaper of general circulation within Sarasota County. Such notice shall be substantially in the following form:

Notice of Intent to Demolish

Pursuant to Section 22-34(3) of the Sarasota County Code, the owner or other interested parties having failed to either repair or demolish the structure at (address) as ordered by Sarasota County and are hereby notified that Sarasota County will proceed to have the structure demolished on (date), and a lien placed against the property to recover all costs.

To appeal this notice, interested parties must file an appeal with (contact official, address and telephone number) prior to ten (10) calendar days from the date of the Notice of Intent to Demolish.

103.5.7 Authority to Order Rodent Control.

When the County Health Officer verifies the existence of rodent infestation in a structure that is to be demolished or removed, the Building Official may require that a licensed pest control operator exterminate the rodents using ectoparasite control measures to preclude the migration of rodents.

103.5.8 Condition of Lot after Demolition.

A lot from which a structure is demolished shall be sodded, seeded with grass, or otherwise covered with vegetative landscaping within (5) days of the completion of demolition.

103.5.9 Assessment of Cost of Demolition and Lien on Property.

(a)

The Building Official shall assess the entire cost of demolition and removal including asbestos abatement, the sodding or seeding of the lot, and rodent extermination against the real property in the form of a lien. This lien upon such property shall be superior to all others except property taxes, and shall include all administrative costs including postal expenses, the cost of newspaper publications, and the like.

(b)

When the owner of record or other interested parties have abated the unfit or unsafe structure as a result of having received a violation notice, all costs incurred by the County described in subsection (a) shall be assessed against the property in the form of a lien.

(c)

A lien shall be filed in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address and the date of filing, and shall recite the names of all interested parties notified. Such lien shall bear interest from such date as the rate of ten percent (10%) per annum and may be enforceable if unsatisfied after the expiration of one (1) year from the date of filing as other liens may be enforced by the County.

103.5.10 Authority to Enter into a Compliance Agreement.

(a)

The Building Official is hereby authorized to enter into a compliance agreement with the owner, in a form approved by the County Attorney, for the abatement of the unfit or unsafe structure. Such agreement shall be controlling and will govern the subsequent course of action to abate the unsafe or unfit conditions through repair and/or rehabilitation work. All repair and/or rehabilitation work shall conform to the minimum requirements of the Sarasota County Building Code.

(b)

The compliance agreement shall establish completion dates for the submittal of permit documents and for the completion of the repair and/or rehabilitation work. The compliance agreement shall provide for the demolition and removal of the unfit or unsafe structure by Sarasota County if the completion dates are not met. The cost of demolition and removal shall be assessed on the property in the form of a lien.

103.5.11 Appeal Procedure and Appearance before the Board.

(a)

Appeals may be taken for a Condemnation Order or Notice of Intent to Demolish issued pursuant to this division by any interested party who has been aggrieved, except in emergency cases as set forth in Section 103.5.12. Such party is afforded the right of hearing upon payment of a filing fee established by resolution and a written request for such hearing to the Sarasota County Building Code Board of Adjustments and Appeals (the Board) within ten (10) days of receipt of the Condemnation Order or the Notice of Intent to Demolish.

(b)

A Notice of Appeal hearing by the Board shall be published once in a newspaper of general circulation in the County at least ten (10) days prior to the time and place of hearing. After all present and interested parties are heard concerning the structure, the Board may hear testimony from the public concerning the status of the structure. The Board may authorize the Building Official to proceed with the demolition and removal of the structure, or the Board may authorize the Building Official to enter into a compliance agreement with the owner of record or with a prospective buyer as provided for in Section 103.5.10.

(c)

Any interested party appearing before the Board may appear in person, by counsel or by an agent.

(d)

The Building Official shall advise the owner of record and interested parties in writing of the Board's action by regular mail.

103.5.12 Authority to Act in Emergencies.

(a)

In cases where there is imminent peril to the public health, safety or welfare, or immediate danger to the life or safety of any person, or where the public is endangered by wind, storm, fire or other natural disasters, or where the structure is in imminent danger of collapse from structural decay, the Building Official shall promptly cause such structure to be made safe or cause its removal. For this purpose, the Building Official and the Fire Marshal may at once enter such a structure or the land on which it stands or abutting land or structures, to perform an inspection with such assistance and at such cost as may be deemed necessary.

(b)

Upon inspection, the Building Official and the Fire Marshal shall jointly determine whether or not the structure requires immediate emergency demolition to maintain the public's health, safety and welfare. A written report will document the results of these inspections.

(c)

The Building Official may order the vacation of adjacent structures and may require the protection of the public by appropriate fencing or such other means as may be necessary, and for this purpose may close a public or private way.

(d)

Upon determination by the Building Official and the Fire Marshal to proceed with demolition, exterior and interior photographs of the structure will be taken when feasible. Written notification of intent to demolish the structure will be sent by certified mail to the owner of record and interested parties. This written notification shall document the cause for demolition. However, failure to effect personal notice upon the owner of record or interested parties shall not prevent the County from demolishing the structure and placing a lien on the property for the County's costs.

103.5.13 Authority to Secure Open and Vacant Structures.

(a)

The Building Official is hereby authorized to secure all open and vacant structures. Before securing any such structure, the Building Official shall notify the current owner of record by certified mail at least five (5) days prior to proceeding. Upon receipt of the notification, the owner of record may secure the structure, or may appeal the determination that a structure is open and vacant by filing with the Building Official a Notice of Appeal to the Building Code Board of Adjustments and Appeals.

(b)

All openings including open windows and doors shall be secured with exterior plywood and suitably coated with an appropriate neutral paint color blending with or harmonizing with the exterior colors of the building so as to be as inconspicuous as possible.

(c)

Where an open and vacant structure is secured by Sarasota County after written notice to the owner of record, the Building Official shall assess the entire cost of securing, including all administrative costs against the property in the form of a lien recorded in the public records of Sarasota County.

(d)

All open and vacant structures that have been secured also shall be subject to inspection and the owner of record shall be assessed a fee for each inspection. For the purpose of ensuring that the structure is locked and secured, inspections will be conducted at thirty (30) day intervals and a fee of $50.00 for each inspection will be assessed against the property in the form of a lien.

103.7 Alternate Materials and Methods and Accessibility.

103.7.1 The provisions of the technical codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the building official. The building official shall approve any such alternate, provided the building official finds that the alternate for the purpose intended is at least the equivalent of that, prescribed in the technical codes in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the "SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings," or other methods approved by the building official may be used. The building official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

103.7.2 Accessibility. Alternate designs and technologies for providing access to and usability of a facility for persons with disabilities shall be in accordance with 11-2.2.

104.1 Permit Application.

104.1.1 Permitting Requirement. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, 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 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.

Exceptions: Permits shall not be required for the following work:

1.

Any portable heating appliance;

2.

Any portable ventilation equipment;

3.

Any portable cooling unit;

4.

Any steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code;

5.

Replacement of any part which does not alter its approval or make it unsafe;

6.

Any portable evaporative cooler;

7.

Any self-contained refrigeration system containing ten lbs (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less;

8.

The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace same with new material, such work shall be considered new work and a permit shall be obtained and inspection made as provided by this Code;

9.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and installation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

10.

Work or operation of a casual, minor or inconsequential nature for which the aggregate contract price for labor, materials, and all other items are less than $1,000.00. Such value shall be determined by the Building Official or his designee. This exemption shall not apply if the construction, repair, remodeling, or improvement is part of a larger or major operation, whether undertaken by the same or a different contractor, or in which a division of the operation is made in contracts of amounts less than $1,000.00 for the purpose of evading obtaining a permit.

Ordinary repairs shall not violate any provisions of the technical codes and may not affect any structural component, shall not involve the use of toxic or hazardous chemicals or substances and shall not affect accommodations for the physically disabled. Ordinary repairs shall not include the removal, the addition or relocation of any wall or partition, or the removal or cutting of any structural beam or bearing support, or the removal, addition or relocation of any part of the building affecting the mean of egress or exit requirements. Ordinary repairs shall not include additions or alterations of the plumbing, mechanical or electrical systems or other work affecting the public health or general safety. All electrical service changes, major alterations to electrical systems, replacement of water or sanitary sewer lines shall require a permit.

Nonresidential farm buildings and any other structures deemed exempt from the requirement for obtaining a building permit shall require a zoning permit from the Department for compliance with the zoning regulations pertaining to building usage, setback, and maximum lot coverage requirements.

104.5.1 Permit Intent.

A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code or other applicable ordinances and regulations. Every permit issued shall become invalid unless the work authorized by the permit is commenced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced; provided, however, that one extension of time, for a period not exceeding ninety (90) days, shall be allowed by the Building Official so long as such extension is consistent with all applicable ordinances and codes existing at the time it is granted. Requests for extensions must be in writing and submitted to the Building Official before the permit becomes invalid. The Building Official's extensions shall also be in writing. For the purposes of this code, work shall be deemed commenced if the structural foundations have been inspected and are in place. For the purposes of this code, work shall be deemed suspended or abandoned if six (6) months elapse between any inspections required by this code and no certificate of occupancy has been issued. All permits shall become invalid if the work has not been completed within three (3) years of the permit issuance date, unless reasonable continuous progress can be demonstrated by the completion of required inspections.

104.6.1 Prescribed fees. A permit shall not be issued until the fees prescribed by the Board of County Commissioners have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, has been paid.

104.6.2 Work Commencing Before Permit Issuance. Any person, company, contractor, or homeowner who commences any work on a building site, building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the building official that shall be in addition to the required permit fees.

104.6.4 Schedule of Permit Fees. Fees for all permits shall be set by Resolution of the Board of County Commissioners. On all buildings, structures, electrical systems, plumbing systems, mechanical systems, gas systems, life safety systems or alterations requiring a permit, a nonrefundable, plan review fee for each permit shall be paid as required at the time of filing application, in accordance with said fee schedule.

104.6.5 Building Permit Valuation. The Structural Portion of the Building permit fees shall be based upon the cost of construction. Construction costs may be based on the bona fide contract price for the finished structure. The Building Official may require a copy of such a contract. Otherwise, the Building Official may determine the permit fee based upon the estimated value determined by the cost per square foot as shown on the most current Building Valuation Data published by the International Code Council and made a part hereof by reference. The fee for shell buildings may be based on 75% of the estimated value of the finished structure and the fee for interior completion of a shell building may be based on 25% of the estimated value for the finished structure.

104.6.6 Refund of Permit Fees. Permit fees charged by the Department may be refunded only when a building permit is cancelled prior to completion of the project for which the permit was issued. Cancellation of a permit shall be made by written request, signed by the individual to whom the permit was issued with the receipt for the permit fees paid attached thereto, and submitted to the Department. Upon receipt thereof, the Department will process the request and a refund, if due, in the amount of 50 percent of the unused portion of the permit fees will be mailed to the address of the individual to whom the permit was issued, if greater than $100.00. Permit fee refunds under $100.00 will not be returned. Plan Review Fees are also nonrefundable.

104.6.7 Payment of Fees by Check; Dishonor. Payment of fees tendered by check to the Department which is dishonored for insufficient funds, or for any other reason, shall be cause for the Building Official to cancel the permit issued or withhold issuance of additional permits for the project for which the dishonored check was presented. Until such time as the dishonored check is made whole, the Building Official may refuse to accept any checks written on an account of the person or entity that presented the dishonored check. It shall further be cause for the Building Official to institute collection proceedings or bring an action at law or equity, as determined by the Building Official. All attorneys' fees and costs incurred by Sarasota County as a result of a dishonored check shall be added to the permit fee for the construction.

105.1 Notification for Inspections. The person, company, contractor, or property owner performing the work authorized by a permit shall notify the Building Official that said work is ready for inspection within five (5) business days of completing said work. Failure to call for said inspection shall be deemed a violation of this Code.

105.6.1 Site Debris.

1.

The contractor and/or owner of any active or inactive construction project shall clean up and remove all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites shall be kept clean, such that accumulation of construction debris must not remain on the property for a period of time exceeding 14 days.

2.

All debris shall be contained in such a manner as to prevent it from being spread on the property or adjacent property by any means.

108. BOARD OF ADJUSTMENTS AND APPEALS

108.1 Appointments. There is hereby established the Board of Adjustments and Appeals, which shall consist of seven members. Appointment to said Board shall be made by the Board of County Commissioners.

108.2 Membership and Terms.

108.2.1 Membership. Such Board shall be composed of seven members who have knowledge and experience in the technical codes, such as architects, civil engineers, mechanical engineers, electrical engineers, licensed contractors, and building industry representatives. The members of the Board of Adjustments and Appeals presently serving on the effective date of this Ordinance shall serve as members until the expiration of their respective terms.

108.2.2 Term of Appointment. The term of appointment shall be three (3) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. The Board of County Commissioners shall have the authority, in its discretion, to remove from the Board of Adjustments and Appeals any member on the grounds of continued absence from regular meetings of the Board.

108.2.3 Quorum. Four members of the Board shall constitute a quorum. In varying the application or modifying any provision of this Code or in modifying a decision of the Building Official, affirmative votes of the majority present, but not less than four affirmative votes shall be required. No Board member shall act in a case in which he has a conflict of interest, as that term is defined by F.S. ch. 112, pt. III.

108.3 Powers. The Board of Adjustments and Appeals shall have the power, as further defined in 108.4, to hear appeals of decisions and interpretations of the Building Official and consider variances from the technical codes.

108.4 Appeals and Variances.

108.4.1 Decisions of the Building Official

(a)

Whenever the Building Official shall reject or refuse to approve the mode or manner of construction proposed to be followed or materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of this code do not apply, or that a particular form of construction, which is an acceptable alternative to the code, can be employed in any specific case, or when it is claimed that the true intent and meaning of this code or any of the regulations hereunder have been misconstrued or wrongly interpreted, the owner of such building or structure or his duly authorized agent, may appeal from the decision of the Building Official to the Building Code Board of Adjustments and Appeals. Notice of Appeal shall be in writing and filed within thirty (30) days after the decision is rendered by the Building Official. A fee established by resolution shall accompany such Notice of Appeal.

(b)

In case of a building or structure that has been determined by the Building Official to be unfit or unsafe, the time limit for appeal shall be ten (10) days.

(c)

The Building Code Board of Adjustments and Appeals shall have jurisdiction over all appeals of decisions of the Building Official concerning all codes adopted by Sarasota County pursuant to Section 3.A. of this Ordinance, and shall also act on appeals for variances from floodplain management regulations, and shall act on appeals for variances to Sarasota County Ordinance Nos. 88-35 and 88-36, as amended, as it relates to the issuance of building permits within the Casey Key Conservation District created by Chapter 70-937, Laws of Florida and the Manasota Key Conservation District created by Chapter 71-904, Laws of Florida Federal Emergency Management Agency (FEMA) requirements.

108.4.2. Variances and Modifications. The Board of Adjustments and Appeals, upon application after a hearing, may vary the application of any provision of this Code to any particular case or, in the case of an appeal, modify or reverse a decision or interpretation by the Building Official when, in its opinion, the literal enforcement of this Code or a decision or interpretation by the Building Official would do manifest injustice and would be contrary to the spirit and purpose of this Code or the public interest, and also finds the following:

1.

That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others;

2.

That the special conditions and circumstances do not result from the action or inaction of the applicant;

3.

That the variance requested will not confer on the applicant any special privilege that is denied by this Code to other buildings, structures or service system;

4.

That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system; and

5.

That the grant of the variance will be in harmony with the general intent and purpose of this Code and will not be detrimental to the public health, safety and general welfare.

108.4.3. Decisions.

(a)

A decision of the Board of Adjustments and Appeals to vary the application of any provision of this Code or to modify a decision of the Building Official shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefore.

(b)

Every decision of the Board of Adjustments and Appeals shall be final, subject, however, to such remedy as an aggrieved party may have at law or in equity. Decisions shall be in writing and shall indicate the vote upon the decision. Every decision shall be promptly filed in the Office of the Building Official, and shall be open to public inspection. A copy shall be sent by mail or otherwise to the appellant.

(c)

The Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay.

(d)

If a decision of the Board of Adjustments and Appeals reverses or modifies a refusal, decision, or disallowance of the Building Official, or grants a variance to the application of any provision of this Code, the Building Official shall immediately take action in accordance with such decision.

(e)

In the event that conditions are imposed by a decision approving a variance, such conditions shall be deemed mandatory, and the failure to satisfy or maintain such conditions shall be a violation of this Code.

111. Certificates Issued by the Building Official.

111.1 Certificate of Occupancy. No building, structure, or site shall be used or occupied, and no change in the existing occupancy classification of a building, structure or portion or thereof, or a site shall be made, until the building official has issued a Certificate of Occupancy (CO). Issuance of a CO shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of Sarasota County.

111.2 Temporary Occupancy. The Building Official is authorized to issue a Temporary Certificate of Occupancy (TCO) 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 TCO is valid. The set time period shall be in increments of thirty (30) days, and may allow for extensions of that set time period upon a written application showing good faith efforts to complete all construction. A TCO cannot be extended longer than one-hundred twenty (120) days, unless the Building Official confirms, after consulting with the Executive Director of Planning and Development Services, that there are extraordinary circumstances preventing the completion of the necessary work beyond the control of the applicant. The Contractor of Record and Property Owner (or legal agent) shall make application to the building official utilizing the most current request form for Temporary Certificate of Occupancy. The purpose of a TCO is to allow activities such as: racking, merchandising, stocking, employee training and placement of furniture. A TCO does not allow a business to open to the public. Before a TCO can be issued, all required Impact and Capacity fees must be paid.

111.3 Certificate of Completion. A Certificate of Completion (CC) is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. Before a CC can be issued, all required Impact and Capacity fees must be paid.

111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a Certificate of Occupancy. Temporary Certificate of Occupancy, or Certification of Completion 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 or site is in violation of any conditions of, or failure to comply with any terms of, any Certificate of Occupancy, Temporary Certificate of Occupancy or Certificate of Completion. building permit, site and development approval, or any other permit or authorization from Sarasota County.

(Ord. No. 98-013, § 4, 2-17-1998; Ord. No. 2000-053, § 4, 7-25-1998; Ord. No. 2000-081, §§ 2—4, 12-20-2000; Ord. No. 2004-030, § 1, 3-17-2004; Ord. No. 2005-016, § 2, 3-15-2005; Ord. No. 2012-008, § 1, 2-21-2012; Ord. No. 2014-072, § 2, 10-21-2014; Ord. No. 2015-078, § 3, 12-9-2015; Ord. No. 2016-020, § 1, 4-26-2016)

Cross reference

Administration, ch. 2.