§ 5.5-33. Application for permits.

(a)

(FBC 109.3) Building permit valuations. When, in the opinion of the building official, the evaluation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor. The permit valuation may be calculated using the Latest Building Valuation Data published by the International Code Conference or other applicable model code organization, at the option of the building official.

(b)

(FBC 105.3) Application forms. The application for any permits required by the Florida Building Code shall be made to the Marion County Building Official on forms to be provided by the building official. No person, firm, or corporation shall allow the use of its name to obtain a permit, except, however, a certified or registered building contractor or registered business organization may authorize or designate persons to apply for permits by filing with the building official a written, notarized statement indicating the relationship of the named persons to the contractor or organization and is authorized to procure permits and sign required documents in the name of said contractor or organization and indicating the competency number of the contractor or registered business organization. An agent of a contractor may not sign a contractor certification of compliance with wind resistance provisions of the code form.

(c)

(FBC 105.3.2) Permitting privileges. In the event a permit has expired or any inspection or other fees are delinquent, or in the event a contractor fails to obtain any necessary inspections before a permit expires, the building official is authorized to refuse to issue any new permits to such contractor. One or more extensions of time, for periods not more than ninety (90) days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the building official.

(d)

(FBC 105.6.1) Revocation of permits. The building official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of, or not in conformity with any ordinance or regulation or any provisions of this code.

(e)

(FBC 105.4.1.5) Warranty disclaimer. The inspection or permitting of any building, system or plan by the jurisdiction 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.

(f)

(FBC 105.4.1.6) 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.

(1)

Generally. The provisions of this article shall be liberally construed in order to effectively carry out the purposes of this article. Terms used in this article, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of this state for the same terms.

(2)

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

(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.

(g)

(FBC 201.4) Words not defined.

(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 article.

(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 code; conflicts within the same code; or conflicts between codes; the more stringent requirements shall apply.

(h)

(FBC 202) Words defined.

(1)

Abandon or abandonment.

a.

Termination of a construction project by a contractor without just cause or proper notification to the owner including the reason for termination.

b.

Failure of a contractor to perform work without just cause for ninety (90) days.

c.

Failure to obtain an approved inspection within one hundred eighty (180) days from the previous approved inspection.

(2)

Approved. Acceptable to the building official.

(3)

Assessed value. The value of real property and improvements thereon as established by the county property appraiser.

(4)

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

(5)

Board. License review board, unless otherwise specifically stated.

(6)

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

(7)

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.

(8)

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

(9)

Certification. The act or process of obtaining a certificate of competency from the county through the review of the applicant's experience and financial responsibility as well as successful passage of an examination.

(10)

Certificate of competency (certificate). An official document evidencing that a person is qualified to engage in the business of contracting, subcontracting or the work of a specific trade.

(11)

Certificate of experience. An official document evidencing that an applicant has satisfied the work experience requirements for a certificate of competency.

(12)

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

(13)

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

(14)

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

(15)

Code enforcement officer. Any authorized agent or employee of the county whose duty it is to ensure code compliance including license and permitting investigators.

(16)

Commercial building. Any building, structure, improvement or accessory thereto, other than a one- or two-family dwelling.

(17)

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.

(18)

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

(19)

Examination. An exam prepared, proctored and graded by a recognized testing agency unless otherwise implied in context or specifically stated otherwise.

(20)

Farm. For the purpose of qualifying for exemption from the provisions of the Florida Building Code per FBC 104 (c), farm means the land, buildings, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products.

(21)

Farm product. Any plant, as defined in S-581-011, or animal useful to humans and includes, but is not limited to, a product derived therefrom.

(22)

FCILB. The Florida Construction Industry Licensing Board.

(23)

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 fall, 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.

(24)

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

(25)

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

(26)

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

(27)

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

(28)

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

(29)

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

(30)

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

(31)

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.

(32)

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

(33)

Residential building. Any one- or two-family building or accessory structure structure.

(34)

Roofing. The installation of roof coverings.

(35)

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

(36)

Spa. Any constructed or prefabricated pool containing water jets.

(37)

Specialty contractor. A contractor whose services do not fall within the categories specified in F.S. § 489.105(3), as amended.

(38)

Start of construction:

a.

Site. The physical clearing of the site in preparation for foundation work including, but not limited to, site clearing, excavation, de-watering, and pilings.

b.

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

(39)

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.

(40)

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

(41)

Structural work or alteration. The installation or assembling of new structural components into a system, building or structure. Also, any change, repair or replacement of any existing structural component of a system, building or structure.

(42)

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.

(43)

Value. Job cost.

(44)

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

(i)

(FBC 105.4.1.7) Expiration of demolition permits. Permits issued for the demolition of a structure shall expire sixty (60) days from the date of issuance. For a justifiable cause, one (1) extension of time for a period not exceeding thirty (30) days may be allowed. Such request shall be in writing to the building official.

(j)

(FBC 105.4.1.8) Crawl space requirements.

(1)

Prior to the issuance of a certificate of occupancy, all structures having a crawl space shall have the crawl space enclosed on all sides in accordance with this article.

(2)

The enclosure material shall constitute a visual screen and be designed and installed to provide continuous ventilation, to be securely fastened in place so as to prevent animals from accessing the under floor of the structure, and to cover the intervening space between the perimeter walls of the structure and grade level below. The enclosure material shall be constructed of a tested and approved durable material such as aluminum, pressure-treated wood, masonry, vinyl or other material normally used to enclose the crawl space of structures. The enclosure material shall be installed in accordance with the manufacturer's instructions, if available. If manufacturer's instructions are not available, then the material shall be installed in accordance with the current building code.

(3)

The crawl space shall be provided with access openings and proper ventilation as specified in the Florida Building Code. Ventilation shall not be less than one (1) square foot for each one hundred fifty (150) square feet of crawl space, or by design, whichever is greater. All ventilation openings shall be protected with a mesh or perforation not larger than one-half inch. Crawl spaces shall provide for drainage to prevent water or moisture from accumulating in such spaces.

(4)

Replacement or new enclosure material shall meet the same standards as set forth above.

(k)

(FBC 105.4.1.9) Finished floor elevation. All habitable structures shall have a minimum finished floor elevation eight (8) inches above finished grade and graded away from the structure for storm water runoff. Exception: porches, patios, carports, garages, screen rooms may be four (4) inches above finish grade. In areas outside of flood hazard areas as specified in Marion County Land Development Code, this provision may be waived by the building official upon department review of documentation or site inspection demonstrating adequate site drainage.

Remainder unchanged.

(l)

(FBC 105.4.1.10) Individual stormwater drainage plan. At the time of permit application, an individual stormwater drainage plan must be submitted for all new structures or additions to existing structures. The individual stormwater drainage plan must show compliance with either the master drainage plan for the entire development, or when no master stormwater drainage plan is on file, accepted stormwater design criteria as detailed in the Marion County Land Development Code. In any case, the individual drainage plan must show how excess storm water runoff, not absorbed or stored on site, will be carried to an acceptable storm water retention area, when such a feature is available, or existing drainage ditch.

(m)

(FBC 105.4.1.11) Stormwater runoff during construction. All stormwater runoff increase during construction and following must be kept on site or directed to swales, ditches or piping to approved drainage areas. Erosion control shall be used to prevent uncontrolled runoff from the site.

(n)

The Florida Building Code, Residential is hereby amended by the following technical amendments.

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 1 foot 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 1 foot (305 mm), 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 1 foot, or at least 3 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 1 foot 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.

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, unless a partition is required by the fire code. The limitation on partitions does not apply to load bearing walls interior to perimeter wall (crawlspace) foundations. Access to enclosed areas shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the building (stairway or elevator).

Remainder unchanged

(o)

The Florida Building Code, Building is hereby amended by the following technical amendments:

1612.4.1 Additional requirements for enclosed areas. In addition to the requirements of ASCE 24, enclosed areas below the design flood elevation shall not be partitioned or finished into separate rooms except for stairwells, ramps, and elevators.

(Ord. No. 05-28, § 3, 9-20-2005; Ord. No. 09-23, § 1, 8-4-2009; Ord. No. 17-08, § 3(Exh. A), 4-11-2017; Ord. No. 18-25, § 1, 11-6-2018)