01-14-2021 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 14, 2021
501 U.S. HIGHWAY 1 7:30 PM
Susan Bickel Mark Mullinix David B. Norris Darryl C. Aubrey Deborah Searcy
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Andrew D. Lukasik Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
In accordance with Palm Beach County Emergency Order Number 28, to the extent not in conflict with
applicable laws, all individuals, businesses and establishments are required to adhere to all applicable
social distancing guidelines issued by the Centers for Disease Control and Prevention ("CDC"). In order to
reduce the spread of COVID-19, the CDC recommends that all persons continue to social distance by
staying at least six feet away from other people who are not a part of their household in both indoor and
outdoor spaces. Consequently, given the limited space within the Village Council Chambers, the Village of
North Palm Beach shall utilize communications media technology to facilitate and encourage public
participation in this meeting electronically, via internet access or telephone.
The Village is physically reintroducing the public to its meetings while adhering to CDC guidelines. A
limited number of members of the public – approximately 25 people -- will be able to participate in the
Library’s Obert Room. Access to the Obert Room during the Council meeting will be on a first come, first
served basis.
INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY
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Public Comments: Public comments can be submitted by filling out the public comment form that can be
accessed by clicking the following link Public Comment Form. Public comments can also be made by
leaving a voice message at 561-904-2126. All public comments will be read into the record at the Public
Comment portion of the meeting.
Regular Session Agenda, January 14, 2021 Page 2 of 3
ROLL CALL
INVOCATION - VICE MAYOR
PLEDGE OF ALLEGIANCE - MAYOR
AWARDS AND RECOGNITION
APPROVAL OF MINUTES
1. Minutes of the Regular Session held December 10, 2020
COUNCIL BUSINESS MATTERS
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item
under Statements from the Public. Time Limit: 3 minutes
Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda
will be called on when the issue comes up for discussion. Time Limit: 3 minutes
Anyone wishing to speak should complete a Public Comment Card and submit it to the Village Clerk prior to the
beginning of the meeting.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
2. 1ST READING OF ORDINANCE 2021-02 – CODE AMENDMENT – BUILDINGS AND BUILDING
REGULATIONS Consider a motion to adopt on first reading Ordinance 2021-02 amending Chapter
6, "Buildings and Building Regulations", Section 6-17, "Codes Adopted" of the Village Code of
Ordinances to recognize the Adoption of Administrative Amendments to Chapter 1 of the 2020
Florida Building Code and Adopting the Administrative Amendments.
3. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-01 - CODE AMENDMENT –
BOATS AND RECREATIONAL VEHICLES Consider a motion to adopt and enact on second
reading Ordinance 2021-01 amending Article III, “Stopping, Standing and Parking,” of Chapter 18,
“Motor Vehicles,” of the Village Code of Ordinances by Amending Section 18-35, “Boats and Boat
Trailers; Parking on Residential Property Restricted in the R-1 and R-2 Residential Zoning Districts,”
and Section 18-35.1, “Recreational Vehicles and Trailers; Parking on Residential Property
Restricted in R-1 and R-2 Zoning Districts,” to modify the loading and screening requirements, allow
for periodic utility connections for maintenance, eliminate the Special Exception Process and provide
for a new Dimensional Exception Process.
CONSENT AGENDA
The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers
may remove any item from the Consent Agenda, which would automatically convey that item to the Regular
Agenda for separate discussion and vote.
4. MOTION to waive the residency requirement for Planning Commission member Lori Rainaldi.
5. RESOLUTION – Approving an Agreement for Medical Director Services with Rolando Cabrera, D.O.
at an annual cost of $14,400; and authorizing execution of the Agreement.
6. RESOLUTION – Approving an updated Interlocal Agreement with the Solid Waste Authority of Palm
Beach County for the delivery of solid waste to designated facilities and for a Municipal Revenue
Sharing Recycling Program; and authorizing execution of the Agreement.
Regular Session Agenda, January 14, 2021 Page 3 of 3
7. RESOLUTION – Approving an Interlocal Agreement with Palm Beach County for Building Permit
Services for a parcel of property immediately west of 2231 Canal Road; and authorizing execution
of the Agreement.
8. Receive for file Minutes of the Planning Commission meeting held 11/10/20.
9. Receive for file Minutes of the Recreation Advisory Board meeting held 11/10/20.
10. Receive for file Minutes of the Golf Advisory Board meeting held 11/16/20.
OTHER VILLAGE BUSINESS MATTERS
11. RESOLUTION – SECOND AMENDMENT TO GOLF COURSE MAINTENANCE CONTRACT
Consider a motion to adopt a proposed resolution approving a Second Amendment to the Golf
Course Maintenance Contract with BrightView Golf Maintenance, Inc. for an Enhanced Foliar
Program for an additional year at a cost not to exceed $47,845; and authorizing execution of the
Second Amendment.
12. RESOLUTION – WEST ALLEYWAY PAVEMENT REHABILITATION PROJECT Consider a
motion to adopt a proposed resolution approving a Contract Award to Florida Blacktop, Inc. for the
West Alleyway Pavement Rehabilitation Project in the amount of $321,857.39; and authorizing
execution of the Contract.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
13. DISCUSSION – Pedestrian Amenities for U.S. Highway 1 Bridge
REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS)
ADJOURNMENT
If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting,
he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105).
In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting
should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date.
This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties
and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda.
DRAFT MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 10, 2020
Present: Susan Bickel., Mayor
Mark Mullinix, Vice Mayor
David B. Norris, President Pro Tem
Darryl C. Aubrey, Sc.D., Councilmember
Deborah Searcy, Councilmember
Andrew D. Lukasik, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Vice Mayor Mullinix called the meeting to order at 7:30 p.m. All members of Council were
physically present except for Mayor Bickel who attended the meeting virtually. All members of
staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor Mullinix gave the invocation and President Pro Tem Norris led the public in the Pledge.
Mayor Bickel addressed the public and stated that she was attending by virtual means since she
was diagnosed with and recovering from Covid-19.
APPROVAL OF MINUTES
The Minutes of the Regular Session held November 12, 2020 were approved as written.
STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS
Vice Mayor Mullinix read into the record a public comment received from Nicole Roesch, 2923
Hinda Road. In her comment, Ms. Roesch expressed her concerns regarding the proposed Planned
Unit Development at the northeast corner of Richard Road and Alternate A1A. Ms. Rosech’s
concerns were pollution to wild life and limiting healthy food choices for residents.
Vice Mayor Mullinix read into the record a public comment received from Joan Parsons, 821
Dogwood Road. In her comment, Ms. Parsons expressed concern that her late husband, Kelly
Parsons did not receive recognition for his years of service to the Village.
These residents addressed the Council regarding their concerns about the proposed Planned Unit
Development at the northeast corner of Richard Road and Alternate A1A:
Karen Phillips, 2720 Hinda Road Gene Gatyas, 2885 Hinda Road
James Jarvis, 2720 Hinda Road Theresa Cleary, 2781 Hinda Road
Aaron Jarvis, 2720 Hinda Road Lauren Jarvis, 2720 Hinda Road
Draft Minutes of Village Council Meeting held December 10, 2020 Page 2 of 10
ORDINANCE 2020-28 CODE AMENDMENT – BOATS AND RECREATIONAL VEHICLES
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
on first reading Ordinance 2020-28 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA AMENDING ARTICLE III, “STOPPING, STANDING AND PARKING,”
OF CHAPTER 18, “MOTOR VEHICLES,” OF THE VILLAGE CODE OF ORDINANCES BY
AMENDING SECTION 18-35, “BOATS AND BOAT TRAILERS; PARKING ON
RESIDENTIAL PROPERTY RESTRICTED IN THE R-1 AND R-2 RESIDENTIAL ZONING
DISTRICTS,” AND SECTION 18-35.1, “RECREATIONAL VEHICLES AND TRAILERS;
PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN R-1 AND R-2 ZONING
DISTRICTS,” TO MODIFY THE LOADING AND SCREENING REQUIREMENTS, ALLOW
FOR PERIODIC UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE
SPECIAL EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL
EXCEPTION PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lukasik gave a presentation that explained the revisions to the boat and recreational vehicles
ordinance. Mr. Lukasik discussed and explained that the amendments would afford current
equipment owners with flexible standards to store their equipment, avoid negative impacts of
storing large equipment in the setbacks to adjacent properties and grandfather existing residents
with equipment who adhere to historic standards for height and length of equipment. Mr. Lukasik
discussed and explained the changes to the ordinance which included a Dimensional Exception
process, modified screening standards and increased loading and unloading time, restoration of
past utility connection regulations. There were no changes to the tie down requirements. There
was no change to the height and length requirements for boats. Height and length of recreational
vehicles would remain at historical 10’ height and 30’ length. Boats and recreational vehicles
measuring more than the height requirements would be able to apply for a Dimensional Exception.
Mr. Lukasik reviewed the Dimensional Exception criteria and process. Mr. Lukasik reviewed the
proposed amendments to the screening requirements which included permitting screening of
equipment by use of existing landscaping on adjacent properties, exempting mechanical equipment
on top of a recreational vehicle, changing “opaque” to “90% opaque”, eliminating the full
screening requirement at ingress/egress and require no less than a 6’ gate up to 20’wide. Mr.
Lukasik reviewed and explained the proposed amendments to parking in the front yard and utility
connections which included 24 hours for loading and unloading, limiting parking to 4 times in a 14-
day period and allowing utility connections periodically to maintain equipment.
Vice Mayor Mullinix read into the record a public comment received from Kathy Baummier, 909
Eucalyptus Road. In her comment, Ms. Baummier expressed concern with the proposed
amendments to the boats and recreational vehicles ordinance. Ms. Baummier was concerned with
the size restrictions and grandfathering for existing recreational vehicle owners.
Mr. Lukasik stated that the line of sight language which was originally proposed to be eliminated
from the code would be inserted back into the code.
Discussion ensued between the Councilmembers regarding the proposed amendments to the boat
and recreational vehicles ordinance.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 3 of 10
ORDINANCE 2020-28 CODE AMENDMENT – BOATS AND RECREATIONAL VEHICLES
continued
Thereafter, the motion to adopt on first reading Ordinance 2020-28 passed 4 to 1 with Vice Mayor
Mullinix voting nay.
PUBLIC HEARING AND SECOND READINIG OF ORDINANCE 2020-22 CODE AMENDMENT
– GENERAL EMPLOYEE RETIREMENT FUND
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-22 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE V,
“PENSIONS AND RETIREMENT SYSTEMS,” DIVISION 3, “PENSION AND CERTAIN
OTHER BENEFITS FOR GENERAL EMPLOYEES,” OF THE VILLAGE CODE OF
ORDINANCES BY AMENDING SECTION 2-146.1, “CREATION OF PLAN AND TRUST,”
TO PROVIDE FOR THE ADOPTION OF A POLICY TO MAINTAIN THE TAX QUALIFIED
STATUS OF THE PLAN AND SECTION 156, “MISCELLANEOUS,” TO INCREASE THE
REQUIRED MINIMUM DISTRIBUTION AGE FROM SEVENTY AND ONE-HALF TO
SEVENTY-TWO; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained the reason for the ordinance. Mr. Rubin stated that the plan needed to be
amended in order to implement recent amendments to the Internal Revenue Code relating to
minimum distribution age.
Thereafter, the motion to adopt and enact on second reading Ordinance 2020-22 passed unanimously.
PUBLIC HEARING AND SECOND READING OF ORDINANCES – REZONING
COMMERCIAL PROPERTIES
ORDINANCE 2020-23
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt and enact on second reading Ordinance 2020-23 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING EIGHT PARCELS OF PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF LAKE CIRCLE AND WEST OF
SOUTHWIND DRIVE TOTALING APPROXIMATELY 2.668 ACRES, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL
DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 4 of 10
ORDINANCE 2020-24
A motion was made by Councilmember Searcy and seconded by President Pro Tem Norris to adopt
and enact on second Ordinance 2020-24 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING TWENTY PARCELS OF PROPERTY LOCATED ON THE
NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF SOUTHWIND DRIVE AND WEST
OF U.S. HIGHWAY ONE TOTALING APPROXIMATELY 16.312 ACRES, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD
COMMERCIAL DISTRICT TO THE C-NB NORTHLAKE BOULEVARD COMMERCIAL
DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE 2020-25
A motion was made by Councilmember Aubrey and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2020-25 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE NORTH
SIDE OF YACHT CLUB DRIVE WEST OF U.S. HIGHWAY ONE (1037 MARINA DRIVE)
TOTALING APPROXIMATELY 11.80 ACRES, AS MORE PARTICULARLY DESCRIBED
HEREIN, FROM THE C-1A LIMITED COMMERCIAL DISTRICT TO THE C-S SHOPPING
COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE 2020-26
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
adopt on first reading Ordinance 2020-26 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, REZONING A VACANT PARCEL OF PROPERTY LOCATED ON THE
EAST SIDE OF U.S. HIGHWAY ONE SOUTH OF YACHT CLUB DRIVE (872 U.S.
HIGHWAY ONE) TOTALING APPROXIMATELY 1.20 ACRES, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE C-1A LIMITED COMMERCIAL
DISTRICT TO THE C-MU US-1 MIXED USE DISTRICT; AMENDING THE OFFICIAL
ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that there were four remaining re-zonings necessary to implement the new land
development regulations. Mr. Rubin stated that two of the re-zonings were larger than 10 acres
and required special noticing, one of the re-zonings needed to have confirmation of its current
zoning classification.
Thereafter, the motions to adopt and enact on second reading Ordinances 2020-23 through 2020-
26 passed unanimously.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 5 of 10
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2020-27 CODE
AMENDMENT – CREATING A PLANNED UNIT DEVELOPMENT
A motion was made by President Pro Tem Norris and seconded by Councilmember Searcy to
postpone the public hearing and second reading of Ordinance 2020-27 to the Council meeting
scheduled for January 28, 2021.
Thereafter, the motion to postpone the public hearing and second reading of Ordinance 2020-27 to
the Council meeting scheduled for January 28, 2021 passed unanimously.
CONSENT AGENDA
Councilmember Searcy moved to approve the Consent Agenda. President Pro Tem Norris
seconded the motion which passed unanimously. The following items were approved:
Motion to grant a merit increase of 4.5% to the Village Clerk based upon the averaged
score of the performance evaluations and directing Village to process same.
Resolution – Approving a Contract with Synovia Solutions LLC for GPS Fleet
Management Services for a three-year term at a total annual cost of $10.218.36 ($30,655.08
over the term of the Contract); and authorizing the Village Manager to execute the Contract.
Resolution – Approving a blanket purchase order with Flying Scot, Inc. in an amount not
to exceed $50,000 for sidewalk removal and replacement.
Resolution – Approving an Interlocal Agreement with Palm Beach County for Participation
in the Municipal CARES Act Reimbursement Program; and authorizing execution of the
Agreement.
Resolution – Amending Resolution 2020-17 and modifying the Deputy Police Chief’s
compensation.
Resolution – Approving an Assignment of the Legal Services Agreement with Leonard G.
Rubin, P.A. and Torcivia, Donlon & Goddeau, P.A. to Torcivia, Donlon, Goddeau &
Rubin, P.A.; and authorizing execution of the Assignment.
Receive for file Minutes of the Planning Commission meeting held 10/6/20.
Receive for file Minutes of the Recreation Advisory Board meeting held 10/13/20.
Receive for file Minutes of the Environmental Committee meeting held 10/19/20.
Receive for file Minutes of the Environmental Committee meeting held 11/23/20.
Receive for file Minutes of the Library Advisory Board meeting held 11/24/20.
RESOLUTION 2020-83 – ELECTION SERVICES AGREEMENT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-83 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING
EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY
SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 6 of 10
RESOLUTION 2020-83 – ELECTION SERVICES AGREEMENT continued
Village Clerk Jessica Green explained that the Election Services Agreement presented by the
Supervisor of Elections provided the option of either not utilizing vote-by-mail services or to pay
the Supervisor of Elections for vote-by-mail services.
Mrs. Green also gave an estimated cost for the 2021 Municipal Election based on the example of
fees that were provided by the Supervisor of Elections. Mrs. Green explained that there may be
additional costs such as printing rush fees and staff overtime to the Village for the 2021 election
due to the timing of its qualifying period which ends on January 12, 2021. The Supervisor of
Elections did not provide an estimation of the additional costs.
The Council came to consensus and chose the option of utilizing and paying the Supervisor of
Elections for vote-by-mail services in the 2021 Municipal Election Services Agreement.
Thereafter, the motion to adopt Resolution 2020-83 passed unanimously.
RESOLUTION – SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH
GENERAL ELECTION BALLOT
A motion was made by President Pro Tem Norris and seconded by Councilmember Aubrey to
approve a Resolution entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, SUBMITTING TO REFERENDUM ON THE MARCH GENERAL
ELECTION BALLOT A STRAW POLL ON THE U.S. HIGHWAY ONE LANE
REPURPOSING PROJECT; PROVIDING FOR THE FORM OF THE QUESTION;
PROVIDING FOR A BALLOT TITLE AND EXPLANATORY STATEMENT; PROVIDING
FOR ADVERTISING; AND PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Mullinix read into the record a public comment received from Jonathan Haigh, 401
Flotilla Road. In his comment, Mr. Haigh recommended that Council support the U.S. Highway
1 Lane Repurposing Project and to not allow the issue to go to referendum as a non-binding straw poll.
Vice Mayor Mullinix read into the record a public comment received from Marshall Gillespie, 731
Buoy Road. In his comment, Mr. Gillespie expressed his support of the U.S. Highway 1 Lane
Repurposing Project and recommended not sending the issue to referendum.
Vice Mayor Mullinix read into the record a public comment received from Nathan Kennedy, 828
Anchorage Drive. In his comment, Mr. Kennedy expressed his concerns on sending the U.S.
Highway 1 Lane Repurposing Project out to referendum and recommended moving forward with
the lane repurposing of U.S. Highway 1.
Vice Mayor Mullinix read into the record a public comment received from Meghan Hurley, 628
Kingfish Road. In her comment, Ms. Hurley expressed her concerns on sending the U.S. Highway
1 Lane Repurposing Project out to referendum and recommended moving forward with the lane
repurposing of U.S. Highway 1.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 7 of 10
RESOLUTION – SUBMITTING TO REFERENDUM A STRAW POLL ON THE MARCH
GENERAL ELECTION BALLOT continued
Vice Mayor Mullinix read into the record a public comment received from Donald Solodar, 100
Lakeshore Drive. In his comment, Mr. Solodar expressed his support for placing a non-binding
straw poll referendum question on the March election ballot for the U.S. Highway 1 Lane
Repurposing Project.
Mr. McLeskey of 112 Nativa Circle expressed his concerns with the U.S. Highway 1 Lane
Repurposing Project.
John Frerking, 130 Cruiser Road South, expressed his concerns with how the public has been
informed about the U.S. Highway 1 Lane Repurposing Project. Mr. Frerking gave
recommendations on how the public should be informed about the project.
Councilmember Aubrey recommended using a better education process for the public to be
informed about the U.S. Highway 1 Lane Repurposing Project.
President Pro Tem Norris recommended delaying the project if possible so that Council and the
public can make an informed decision.
Discussion ensued between Council regarding the proposed U.S. Highway 1 Lane Repurposing
Project and whether to have a straw poll referendum placed on the March election ballot.
Thereafter, the motion to adopt the Resolution failed 4 to 1 with Mayor Bickel, President Pro Tem
Norris, Councilmember Aubrey and Councilmember Searcy voting nay and Vice Mayor Mullinix
voting aye.
RESOLUTION 2020-84 – INTENT TO UTILIZE THE UNIFORM METHOD FOR
COLLECTING NON-AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-84 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, STATING THE VILLAGE’S INTENTION TO USE THE UNIFORM
METHOD OF COLLECTION FOR THE NON-AD VALOREM ASSESSMENTS TO BE
LEVIED BY THE VILLAGE FOR THE COLLECTION OF STORMWATER UTILITY FEES
PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, BY COLLECTING THE
ANNUAL SPECIAL ASSESSMENTS THROUGH THE ANNUAL TAX BILL OF THE PALM
BEACH COUNTY TAX COLLECTOR; STATING THE NEED FOR THE LEVY OF THE
ASSESSMENT; PROVIDING A LEGAL DESCRIPTION OF THE BOUNDARIES OF THE
REAL PROPERTY SUBJECT TO THE LEVY; PROVIDING FOR MAILING OF A COPY OF
THIS RESOLUTION TO THE PALM BEACH COUNTY PROPERTY APPRAISER, THE
PALM BEACH COUNTY TAX COLLECTOR, AND THE STATE OF FLORIDA
DEPARTMENT OF REVENUE; PROVIDING FOR AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 8 of 10
RESOLUTION 2020-84 – INTENT TO UTILIZE THE UNIFORM METHOD FOR
COLLECTING NON-AD VALOREM ASSESSMENTS TO LEVY STORMWATER UTILITY FEES
continued
Public Works Director Steven Hallock discussed and explained the history and purpose behind the
resolution. Mr. Hallock explained the necessity for the establishment of a stormwater fee structure
to fund stormwater activities and improvements within the Village.
Rob Taylor from Hazen & Sawyer, P.C. gave a presentation that reviewed fee structure and billing
alternatives for stormwater utility fees.
Thereafter, the motion to adopt Resolution 2020-84 passed unanimously.
RESOLUTION 2020-85 – CODE ENFORCEMENT LIEN FORECLOSURE SERVICES CONTRACT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-85 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A FEE CONTRACT WITH THE LAW FIRM OF GOREN,
CHEROF, DOODY & EZROL, P.A. FOR CODE ENFORCEMENT LIEN FORECLOSURES
AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Rubin explained that the Village had approximately 3.8 million dollars in outstanding Code
Enforcement Liens. The Village has not been aggressive in foreclosing on properties with liens.
The Village would focus on foreclosing on commercial properties since it is legally prohibited to
foreclose on residential homestead properties. Mr. Rubin stated that the Law Firm of Goren,
Cherof, Doody and Ezrol, P.A. previously represented the Village in labor matters and is offering
a very reasonable rate for providing foreclosure services.
Discussion ensued between Council, Mr. Rubin and staff regarding foreclosing properties within
the Village.
Thereafter, the motion to adopt Resolution 2020-85 passed unanimously.
RESOLUTION 2020-86 – AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL
PLANNED UNIT
A motion was made by Councilmember Searcy and seconded by Councilmember Aubrey to adopt
Resolution 2020-86 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE CRYSTAL COVE
COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO ALLOW FOR METES
AND BOUNDS SUBDIVISION OF THE PROPERTY INTO THREE PARCELS AND
PROVIDE FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 9 of 10
RESOLUTION 2020-86 – AMENDMENT TO CRYSTAL COVE COMMONS COMMERCIAL
PLANNED UNIT continued
Community Development Director Jeremy Hubsch stated that the applicant, Pearland RJR LLC
was seeking approval to subdivide the property into three separate parcels via metes and bounds
subdivision. Attorney Rubin explained that the subdivision proposes to create Parcel 1 which
would be comprised of the one-story retail building that is located between Golfview Road and
US Highway 1, along with most of the surface parking adjacent to US Highway 1; Parcel 2 which
would consist of the Cod & Capers building and immediately adjacent surface parking along US
Highway 1, and Parcel 3 which would include the four-story office building, parking garage, and
surface parking located adjacent to the back corner of the property between Golfview Road and
McLaren Road. Mr. Rubin stated that there were three conditions in the proposed resolution. The
conditions were to provide a Unity of Control document for the Village Attorney and the
Community Development Director approval prior to conveying any of the parcels to a third party,
requirement of joint maintenance by all property owners of common areas and reciprocal
easements and that any modifications to the CPUD be done with the consent of all property owners
making them jointly liable for any violations of the CPUD conditions of approval or violations of
the Village Code relating to the common areas.
President Pro Tem Norris declared a voting conflict and did not participate in the discussion or vote.
Mayor Bickel expressed concerns over subdividing the property and the possible ramifications.
Discussion ensued between Council, Mr. Rubin and staff regarding the proposed subdivision.
Simeon Davis, on behalf of the property owners, stated that the proposed subdivision would better
facilitate the Village’s implementation of their Master Plan.
Thereafter, the motion to adopt Resolution 2020-86 passed 4 to 0.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Aubrey recommended changing the Village code to allow the Mayor the ability
to secede in the event of a state of emergency.
Mayo r Bickel recommended keeping a councilmember in the position of Mayor for two years
instead of one, especially during a large project such as the new clubhouse.
Vice Mayor Mullinix stated that any of the councilmembers who were sitting in the position of
Vice Mayor or President Pro Tem would be qualified and sufficient to step into the position of
Mayor in the event of an emergency. Vice Mayor Mullinix stated that he did not recommend
changing that tradition.
President Pro Tem Norris agreed with keeping tradition with regards to secession of the Mayor in
event of an emergency, but would consider changing the tradition.
Councilmember Searcy recommended creating a process for secession of the Mayor in the event
of an emergency.
Draft Minutes of Village Council Meeting held December 10, 2020 Page 10 of 10
MAYOR AND COUNCIL MATTERS/REPORTS continued
Councilmember Aubrey stated that he had received complaints from residents regarding the
parking of unmarked or unnamed utility trailers in driveways 24 hours, 7 days a week.
Councilmember Aubrey recommended revisiting and revising the Village code with regards to
those types of utility trailers.
Councilmember Searcy expressed congratulations for the Country Club and Golf Course being
designated as a destination in BoardRoom magazine and to Farmer’s Table for being considered a
Golden Spoon restaurant in the State of Florida. Councilmember Searcy commended Village staff
for continuing to provide excellent service and being innovative through the Covid-19 pandemic.
President Pro Tem Norris recognized the holiday lighting and decorations throughout the Village
and also commended and thanked Village staff for their hard work and dedication through the
Covid-19 pandemic.
Mayor Bickel stated that the City of Riviera Beach had begun efforts to remove derelict boats from
the Intracoastal Waterway. Mayor Bickel recommended the Village research the possibility of
having managed mooring fields in its waterway to prevent transient and derelict boats and to
protect the Village’s waters. Mayor Bickel requested that the Waterways Board research the
process and implementation of managed mooring fields.
Attorney Rubin stated that prevention of transient and derelict boats could only be done within
mooring fields and that he would research the process and inform Council of his findings.
Vice Mayor Mullinix wished Pat Friedman a Happy Birthday and requested a letter of
commendation for Jack and Barbara Nicklaus.
Vice Mayor Mullinix thanked Fire Chief J.D. Armstrong and the Fire Rescue Department for their
assistance with his mother who had recently experienced a heart attack. Vice Mayor Mullinix that
his mother was doing well and recovering after having surgery.
Vice Mayor Mullinix wished everyone a Happy Hanukah and Merry Christmas.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:49 p.m.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Wayne Cameron, CBO, CFM, Building Official
DATE: January 14, 2021
SUBJECT: ORDINANCE 1st Reading – Amending Chapter 6 of the Village Code of
Ordinances to recognize the adoption of Administrative Amendments to
Chapter 1 of the 2020 Florida Building Code and adopting the Administrative
Amendments.
Community Development Staff is recommending an amendment to Chapter 6 of the Village’s
Code of Ordinances, “Buildings and Building Regulations,” to recognize the adoption of
Administrative Amendments to Chapter 1 of the 7th (2020) Edition of the Florida Building Code
and the formal adoption of the Amendments by the Village.
The 2020 Edition of the Florida Building Code became effective throughout the State of Florida
on December 31, 2020. The Florida Building Code is revised every three (3) years by the State,
and the Code establishes the minimum construction standards for buildings and structures with
the purpose of protecting the public health, safety and general welfare.
Municipalities and units of government throughout the State maintain the ability to supplement
Chapter 1 of the Florida Building Code with local amendments that provide greater specificity to
the Florida Building Code. These amendments typically create local administrative regulations
and requirements, such as enforcement mechanisms and procedures for interpretations and
appeals. The proposed Administrative Amendments were developed by the Palm Beach County
Building Code Advisory Board (BCAB) as a template for local governments within the County to
better address local regulations and requirements. The Village's Building Official, Wayne
Cameron, served on the Advisory Board Subcommittee to develop the proposed the revisions to
Chapter 1 of the new Florida Building Code.
The proposed Administrative Amendments to the 7th (2020) Edition of the Florida Building Code,
include amendments and clarifications to the following construction standards:
Roofing
Energy
Fire
Plumbing
Electrical
Mechanical
Code Administration
Special Occupancy
Product Approval
Accessibility
There is no fiscal impact
Recommendation:
Village Staff recommends approval on first reading of the attached Ordinance amending
Section 6-17 of the Village Code of Ordinances to recognize the adoption of
Administrative Amendments to Chapter 1 of the 7th (2020) Edition of the Florida Building
Code and adopting the Administrative Amendments as authorized by state statute.
Page 1 of 2
ORDINANCE NO. 2021-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, AMENDING CHAPTER 6, “BUILDINGS AND 4
BUILDING REGULATIONS,” ARTICLE II, “MINIMUM CONSTRUCTION 5
STANDARDS,” SECTION 6-17, “CODES ADOPTED,” TO RECOGNIZE THE 6
ADOPTION OF ADMINISTRATIVE AMENDMENTS TO CHAPTER 1 OF THE 7
FLORIDA BUILDING; ADOPTING ADMINISTRATIVE AMENDMENTS TO 8
THE 7TH (2020) EDITION OF THE FLORIDA BUILDING CODE; PROVIDING 9
FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 10
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, pursuant to Chapter 553, Florida Statutes, all construction and related activities 13
occurring within the Village are now governed by the 7th (2020) Edition of the Florida Building Code; 14
and 15
16
WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes units of local government to adopt 17
amendments to the administrative provisions (Chapter 1) of the Florida Building Code; and 18
19
WHEREAS, the Village Council wishes to amend Section 6-17 of the Village Code of Ordinances to 20
recognize the adoption of administrative amendments and to formally adopt the administrative 21
amendments as authorized by state statute; and 22
23
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 24
of the residents and citizens of the Village of North Palm Beach. 25
26
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 27
NORTH PALM BEACH, FLORIDA as follows: 28
29
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 30
31
Section 2. The Village Council hereby amends Chapter 6, “Buildings and Building Regulations,” 32
Article II, “Minimum Construction Standards,” of the Village Code of Ordinances by amending 33
section 6-17 to read as follows (additional language is underlined and deleted language is stricken 34
through): 35
36
Sec. 6-17. Codes adopted. 37
38
(a) The Florida Building Code, as developed by the Florida Building 39
Commission and adopted by state statute, is hereby adopted and incorporated herein 40
as the minimum construction standards for the Village of North Palm Beach, Florida. 41
The department of community development shall be substituted for building 42
department in the adopted code. 43
44
(b) The village has amended and supplemented Chapter 1 of the Florida 45
Building Code through the adoption of administrative amendments. A copy of these 46
administrative amendments shall be kept on file in the department of community 47
Page 2 of 2
development and shall be available for review and inspection by members of the 1
public. 2
3
Section 3. The Village Council hereby adopts administrative amendments to Chapter 1 of the 7th 4
(2020) Edition of the Florida Building Code, a copy of which are attached hereto and incorporated 5
herein by reference. 6
7
Section 4. The provisions of Section 2 of this Ordinance shall become and be made a part of the 8
Code of the Village of North Palm Beach, Florida. 9
10
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 11
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 12
holding shall not affect the remainder of this Ordinance. 13
14
Section 6. All ordinances or resolutions or parts of ordinances or resolutions in conflict with the 15
with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 16
17
Section 12. This Ordinance shall become effective immediately upon adoption. 18
19
20
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 21
22
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 23
2021. 24
25
26
(Village Seal) 27
MAYOR 28
29
30
ATTEST: 31
32
33
VILLAGE CLERK 34
35
APPROVED AS TO FORM AND 36
LEGAL SUFFICIENCY: 37
38
39
VILLAGE ATTORNEY 40
Page 1 of 46
VILLAGE OF NORTH PALM BEACH
ADMINISTRATIVE AMENDMENTS TO CHAPTER ONE OF
THE FLORIDA BUILDING CODE 7TH EDITION (2020)
Chapter 1
Scope and Administration
PART 1—SCOPE AND APPLICATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as “this code.”
101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement,
replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building
or structure or any appurtenances connected or attached to such buildings or structures.
Exception:
1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than
three stories above grade plane in height with a separate means of egress and their accessory structures not
more than three stories above grade plane in height, shall comply with the Florida Building Code,
Residential.
2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place
but shall not be utilized or enforced because Florida has no snow load or earthquake threat.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida
Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building.
101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety
and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and
ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built
environment and to provide safety to fire fighters and emergency responders during emergency operations.
101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code
except as it relates to the purposes stated herein.
Page 2 of 46
101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by
this 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. This jurisdiction shall not be liable in tort
for damages 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. Further, no employee
shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as
may be amended or replaced.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11and referenced elsewhere in
this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.
101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping
from the point of delivery, gas appliances and related accessories as covered in this code. These requirements
apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the
installation and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation,
alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings
and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems,
incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation,
alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and
appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system.
101.4.4 Property maintenance. The provisions of Article I, Chapter 15 of the Village of North Palm Beach Code
of Ordinances shall apply to all matters governing property maintenance.
101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The
Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from
the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the
construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm
systems or fire hazards in the structure or on the premises from occupancy or operation.
101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters
governing the design and construction of buildings for energy efficiency.
101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing
the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility.
101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458,
Florida Building Code. Building, and Rule 61-41 Florida Administrative Code.
101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to
the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures,
fittings, and appurtenances thereto.
Page 3 of 46
101.4.11 Flood Damage Prevention. The provisions of Chapter 12.5 of the Village of North Palm Beach Code
of Ordinances shall be considered part of this code relative to flood control.
101.5 Building Official. Whenever, the building official is mentioned in this code, it is also intended to mean the
building official’s designee, wherever applicable.
SECTION 102
APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials,
methods of construction or other requirements, the most restrictive shall govern.
102.1.1 The Florida Building Code does not apply to, and no Building Code enforcement action shall be brought
with respect to, zoning requirements, land use requirements and owner specifications or programmatic
requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair
or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not
pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not
administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility,
including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community
colleges, or public education facilities, as provided by law.
102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration,
modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every
public and private building, structure or facility or floating residential structure, or any appurtenances connected
or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or
occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building
Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special
Flood Hazard Area, are exempt from the Florida Building Code as provided by law, and any further exemptions
shall be as determined by the legislature and provided by law:
(a) Building and structures specifically regulated and preempted by the federal government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the p rovisions of Part II (Section
553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such
mobile or modular structures. Permits shall be required for structural support and tie down, electric supply
and all other such utility connections to such mobile or modular structures as required by this jurisdiction.
(f) Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are
directly involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or
any sound-recording equipment used in such production, on or off the premises.
Page 4 of 46
(h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As
used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of
palm or palmetto or other traditional materials, and that does not i ncorporate any electrical, plumbing, or
other non-wood features.
(i) Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled
on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite,
marble, or reinforced concrete.
(j) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional
system.
(k) A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a
natural person for hunting and which is repaired or reconstructed to the same dimension and condition as
existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency Management
Agency’s current Flood Insurance Rate Map; and
3. Is not connected to an off-site electric power or water supply.
(l) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt
to the point of service connection for the building or structure.
102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the
provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans
reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter
395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal
government.
102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to
be brought into compliance with the state minimum building code in force at the time the building or structure is
moved, provided:
1. The building or structure is structurally sound and in occupiable condition for its intended use;
2. The occupancy use classification for the building or structure is not changed as a result of the move;
3. The building is not substantially remodeled;
4. Current fire code requirements for ingress and egress are met;
5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational
and safe for reconnection; and
Page 5 of 46
6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if
required by the Florida Building Code, Building for all residential buildings or structures of the same
occupancy class.
7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied.
102.2.3 The Building Official shall apply the same standard to a moved residential building or structure as that
applied to the remodeling of any comparable residential building or structure to determine whether the moved
structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed
shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure
has been substantially remodeled.
102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and
Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned
buildings and boilers.
102.2.5 Reserved.
102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family
dwelling.
Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this
code.
102.3 Application of references. References to chapter or section numbers, or to provisions not specifically
identified by number, shall be construed to refer to such chapter, section, or provision of this code.
102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered
part of the requirements of this code to the prescribed extent of each such reference and as further regulated in
Sections 102.4.1 and 102.4.2.
102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code
or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4,
the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over
the provisions in the referenced code or standard.
102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not
have the effect of making void or illegal any of the other parts or provisions.
102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall
be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code,
Existing Building, the Florida Fire Prevention Code, and the provisions of Chapters 15 (Articles I and III) and Chapter
45 (Article VII) of the Village of North Palm Beach Code of Ordinances.
102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously
occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion
Page 6 of 46
shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new
construction or with any current permit for such occupancy.
102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of
this code shall be permitted to continue without change, except as otherwise specifically provided in this code,
the Florida Fire Prevention Code, the provisions of Chapters 15 (Articles I and III) and Chapter 45 (Article VII) of
the Village of North Palm Beach Code of Ordinances, or as is deemed necessary by the Building Official for the
general safety and welfare of the occupants and the public.
102.7 Relocation of manufactured buildings.
(1) Relocation of an existing manufactured building does not constitute an alteration.
(2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate
wind speed map. If the existing building was manufactured in compliance with the Standard Building
Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If
the existing building was manufactured in compliance with the Florida Building Code (after March 1,
2002), the wind speed map of the Florida Building Code shall be applicable.
(3) A relocated building shall comply with the flood hazard area requirements of the new location, if
applicable.
102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical
equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida
Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not
in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units.
PART 2—ADMINISTRATION AND ENFORCEMENT
SECTION 103
BUILDING DIVISION
103.1 Creation of enforcement agency. The Building Division is hereby created and the official in charge thereof
shall be known as the Building Official.
103.2 Appointment. The Building Official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the
appointing authority, the Building Official shall have the authority to appoint a deputy Building Official, the related
technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated
by the Building Official.
For the maintenance of existing properties, see the provisions of Chapter 15 (Articles I and III) of the Village of
North Palm Beach Code of Ordinances.
103.4 Restrictions on employees. (Reserved).
Page 7 of 46
SECTION 104
DUTIES AND POWERS OF THE BUILDING OFFICIAL
104.1 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. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
104.2 Applications and permits. The Building Official shall receive applications, review construction documents
and issue permits for the erection, and alteration, demolition and moving of buildings and structures , and service
systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions
of this code.
104.2.1 Determination of substantially improved or substantially damaged existing buildings and
structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition
or other improvement of existing buildings or structures located in flood hazard areas, the Building Official shall
determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the
Building Official determines that the proposed work constitutes substantial improvement or repair of substantial
damage, and where required by this code, the Building Official shall require the building to meet the requirements
of Section 1612.
104.3 Notices and orders. The Building Official shall issue all necessary notices or orders to ensure compliance with
this code.
104.4 Inspections. The Building Official shall make all of the required inspections, or the Building Official shall
have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections
shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual.
The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the appointing authority.
104.5 Identification. The Building Official shall carry proper identification when inspecting structures or premises
in the performance of duties under this code.
104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where
the Building Official has reasonable cause to believe that there exists in a structure or upon a premises a condition
which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous,
the Building Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the
duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to
the occupant and entry requested. If such structure or premises is unoccupied, the Building Official shall first make
a reasonable effort to locate the owner or other person having charge or control of the structure or premises and
request entry. If entry is refused, the Building Official shall have recourse to the remedies provided by law to secure
entry.
104.7 Department records. The Building Official shall keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained
in the official records for the period required for retention of public records per Chapter 119, Florida Statutes (“Public
Records Law”
Page 8 of 46
104.8 Liability. The Building Official, member of the board of appeals or employee charged with the enforcement
of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required
by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally render ed liable personally
and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or
by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or empl oyee
or board member because of an act performed by that officer or employee or board member in the lawful discharge
of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the
final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member
because of an act performed by that officer or employee or board member in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representatives of the jurisdiction un til the final
termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action,
suit or proceeding that is instituted in pursuance of the provisions of this code.
104.9 Approved materials and equipment. Materials, equipment and devices approved by the Building Official
shall be constructed and installed in accordance with such approval.
104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for
new materials is permitted. Used equipment and devices shall not be reused unless approved by the Building
Official.
104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code,
the Building Official shall have the authority to grant modifications for individual cases, upon application of the
owner or owner’s representative, provided the Building Official shall first find that special individual reason makes
the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code
and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The
details of action granting modifications shall be recorded and entered in the files of the department of building safety.
104.10.1 Flood hazard areas. 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.
104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code
are not intended to prevent the installation of any material or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such alternative has been approved. An alternative material,
design or method of construction shall be approved where the Building Official finds that the proposed design is
satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered
is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction
is not approved, the Building Official shall respond in writing, stating the reasons why the alternative was not
approved.
104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies
not specifically provided for in this code, shall consist of valid research reports from approved sources.
104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or
evidence that a material or method does not conform to the requirements of this code, or in order to substantiate
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claims for alternative materials or methods, the Building Official shall have the authority to require tests as
evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this
code or by other recognized test standards. In the absence of recognized and accepted test methods, the Building
Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such
tests shall be retained by the Building Official for the period required for retention of public records.
104.12 Requirements not covered by code. Any requirements necessary for strength, stability 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 covered by this or other technical codes, shall be determined by the
Building Official.
SECTION 105
PERMITS
105.1 Required. Any owner or owner’s authorized agent who intends 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 impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection system, or
accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work
to be done, shall first make application to the Building Official and obtain the required permit.
105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas,
mechanical or plumbing or interior nonstructural office system(s), the Building Official is authorized to issue an
annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor
renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall
be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary.
An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance.
A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit
application shall contain a general description of the parameters of work intended to be performed during the
year.
105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed
record of alterations made under such annual permit. The Building Official shall have access to such records at
all times or such records shall be filed with the Building Official as designated. The building official is authorized
to revoke such permit if code violations are found to exist.
105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of
Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.
105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct,
develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for
an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may
not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the
building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing
agency may confer with the Department of Health, if necessary, but may not delay the building permit application
review while awaiting comment from the Department of Health.
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section
do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building
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Code, and requirements of the local floodplain management ordinance. Permits shall not be required for the
following:
Building:
1. Building permits are not required for replacement or repair work having a value of less than $1,000.00,
providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access
or egress requirements.
2. Cabinets and countertops with no reconfiguration for one and two-family dwellings, painting, papering,
carpeting, and similar finish work, with no electrical or plumbing work.
3. Temporary motion picture, television and theater sets and scenery.
4. Traditional swings and other standard playground equipment accessory to detached one and two-family
dwellings, as determined by the building official, but they may be subject to Zoning permits.
5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and
U occupancies, but they may be subject to Zoning permits.
6. Non-fixed and movable fixtures, cases, racks, and counters not over 5 feet 9 inches (1753 mm) in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of
approved portable electrical equipment to approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment
used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the
installations of towers and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary system
required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
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7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by
motors of 1 horsepower (746 W) or less.
8. The installation, replacement, removal, or metering of any electrical load management control device
where installed by a utility service provider.
Plumbing:
1. 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 the same with new material, such work shall be considered as new work and a permit shall be
obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and
reinstallation of water closets, provided such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
3. The replacement of common household plumbing fixtures to existing supply lines and outlets in one and
two-family dwellings. This does not include water heaters, bathtubs and showers.
105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency
situation, the permit application shall be submitted within the next working business day to the Building Official.
Notification shall be given to the building official, including the work address, nature of emergency, and scope
of work immediately, or by the next business day.
105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without
a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the
removal or cutting of any structural beam or load-bearing support, or the removal or change of any required
means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary
repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer,
drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment
or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of
the technical codes.
105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of
generation, transmission, distribution or metering or other related equipment that is under the ownersh ip and
control of public service agencies by established right.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on
a form furnished by the building department for that purpose.
Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must
comply with the requirements of Section 713.135(5) and (6), Florida Statutes.
Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building
permit for which an application is submitted prior to the effective date of the Florida Building Code, the state
minimum building code in effect in the permitting jurisdiction on the date of the a pplication governs the permitted
work for the life of the permit and any extension granted to the permit.
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Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its
website. Completed applications must be able to be submitted electronically to the appropriate building department.
Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in
portable document format or submission of applications through an electronic fill-in form available on the building
department's website or through a third-party submission management software. Payments, attachments, or drawings
required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of
the Building Official.
105.3.1 Action on application. The Building Official shall examine or cause to be examined applications for
permits and amendments thereto within a reasonable time after filing. If the application or the construction
documents do not conform to the requirements of pertinent laws, the Building Official shall reject such
application in writing, stating the reasons therefore. If the Building Official is satisfied that the proposed work
conforms to the requirements of this code and laws and ordinances applicable thereto, the Building Official shall
issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school
board, in acting on applications for permits, the Building Official shall give first priority to any applications for
the construction of, or addition or renovation to, any school or educational facility.
105.3.1.1 If a state university, Florida college or public school district elects to use a local government’s code
enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code
on buildings, structures, and facilities of state universities, state colleges, and public school district s shall not be
more than the actual labor and administrative costs incurred for plans review and inspections to ensure
compliance with the code.
105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or
addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the
following documents which apply to the construction for which the permit is to be issued and which shall be
prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes:
1. Plumbing documents for any new building or addition which requires a plumbing system with more than
250 fixture units or which costs more than $125,000.
2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which
contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design
a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation, addition or deletion of not more than 49 heads,
notwithstanding the size of the existing fire sprinkler system.
3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more
than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which
the system costs more than $125,000. This paragraph does not include any document for the replacement
or repair of an existing system in which the work does not require altering a structural part of the building
or for work on a residential one, two, three or four-family structure.
An air-conditioning system may be designed by an installing air-conditioning contractor certified under
Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer
than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-
ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an
independent duct system. Systems not complying with the above require design documents that are to be
sealed by a professional engineer.
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Example 1: When a space has two 10-ton systems with each having an independent duct system, the
contractor may design these two systems since each unit (system) is less than 15 tons.
Example 2: Consider a small single-story office building which consists of six individual offices where
each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected
to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is
$47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units
are connected to a common water tower this is considered to be an 18-ton system.
NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000
apply to the building occupancy load and the cost for the total air-conditioning system of the building.
4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which
includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and
alarm system which costs more than $5,000.
5. Electrical documents. See Florida Statutes 471.003(2)(h). Any electrical or plumbing or air-conditioning
and refrigeration system meeting the following thresholds are required to be designed by a Florida
Registered Engineer. Any system which:
1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater
than $125,000; and
2. a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential
electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical
system;
b. Requires a plumbing system with more than 250 fixture units; or
c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton-per-system
capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring
an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid
certificate of registration has signed, dated, and stamped such document as provided in Section
471.025, Florida Statutes.
6. All public swimming pools and public bathing places defined by and regulated under Chapter 514,
Florida Statutes
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to
have been abandoned becoming null and void 180 days after the date of filing, or for any 180-day period of
abandonment or suspension during the application process, unless such application has been pursued in good
faith or a permit has been issued; except that the Building Official is authorized to grant one or more extensions
of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to
the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to
destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application
shall be set forth by the administrative authority. There may be fees or requirements from other government
agencies for permit application extensions and renewals.
105.3.3 An enforcing authority may not issue a building permit for any building construction, erection,
alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the
permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional
restrictions applicable to this property that may be found in the public records of this county, such as the
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requirement for Home or Property Owners Association approval, and there may be additional permits required
from other governmental entities such as water management districts, state agencies, or federal agencies.”
105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of
application therefore unless unusual circumstances require a longer time for processing the application or unless
the permit application fails to satisfy the Florida Building Code or the enforcing agency’s laws or ordinances.
105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida
Statutes, Workers’ Compensation, every employer shall, as a condition to receiving a building permit, show proof
that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed
asbestos removal contractor is not required when moving, removal or disposal of asbestos-containing materials
on a residential building where the owner occupies the building, the building is not for sale or lease, and the work
is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption
under this paragraph, an owner must personally appear and sign the building permit application. The permitting
agency shall provide the person with a disclosure statement in substantially the following form:
Disclosure Statement: State law requires asbestos abatement 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 asbestos abatement contractor even though you do not have a license. You must supervise
the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential
building where you occupy the building and the building is not for sale or lease, or the building is a farm
outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is
complete, the law will presume that you intended to sell or lease the property at the time the work was done,
which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work
must be done according to all local, state and federal laws and regulations which apply to asbestos abatement
projects. 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.
105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all
buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract
is in place. The contract shall provide specific data mirroring that required by an application for permit,
specifically, without limitation, date of execution, building owner or dealer, and anticipa ted date of completion.
However, the construction activity must commence within 6 months of the contract's execution. The contract is
subject to verification by the Department of Business and Professional Regulation.
105.3.8 Public right of way. A permit shall not be given by the Building Official for the construction of any
building, or for the alteration of any building where said building is to be changed and such change will affect
the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane,
or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless
the applicant has received a right of way permit from the authority having jurisdict ion over the street, alley or
public lane
105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state
and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the
provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations
shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the
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Building Official from requiring the correction of errors in the construction documents and other data. The Building
Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other
ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations.
105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, 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. Every permit issued shall become invalid unless the work authorized by such permit is
commenced within six months after its issuance, or if the work authorized by such permit is suspe nded or
abandoned for a period of six months after the time the work is commenced.
105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack
of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding
with the work.
105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within 180 days from
the date the initial permit became null and void, the Building Official is authorized to require that any work which
has been commenced or completed be removed from the building site. Alternately, a new permit may be issued
on application, providing the work in place and required to complete the structure meets all applicable regulations
in effect at the time the initial permit became null and void and any regulations which may have become effective
between the date of expiration and the date of issuance of the new permit.
105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection
within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building
work is halted due directly to judicial injunction, order or similar process , or due to action by an environmental
or archeological agency having jurisdiction. The Building Official is authorized to grant, in writing, one or more
extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and
justifiable cause demonstrated, prior to expiration.
105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative
authority. There may be fees or requirements from other government agencies for permit extensions and renewals.
105.4.1.5 Any building permit work that has not received a certificate of occupancy or certificate of completion
within two years from the date of original issuance shall be considered expired. If a new building permit is not
obtained in accordance with section 105.4.1.2 herein, within 30 days of the expiration of the expired building
permit, the construction shall be subject to unsafe structure abatement proceedings.
105.4.2 Additional options for closing a permit. Pursuant to Section 553.79(15), Florida Statutes, a property
owner, regardless of whether the property owner is the one listed on the application for the building permit, may
close a building permit by complying with the following requirements:
1.) The property owner may retain the original contractor listed on the permit or hire a different contractor
appropriately licensed in this state to perform the work necessary to satisfy the conditions of the permit and
to obtain any necessary inspection in order to close the permit. If a contractor other than the original
contractor listed on the permit is hired by the property owner to close the permit, such contractor is not
liable for any defects in the work performed by the original contractor and is only liable for the work that
he or she performs.
2.) The property owner may assume the role of an owner-builder, in accordance with Sections 489.103(7) and
489.503(6), Florida Statutes.
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3.) If a building permit is expired and its requirements have been substantially completed as determined by the
local enforcement agency, the permit may be closed without having to obtain a new building permit, and
the work required to close the permit may be done pursuant to the building code in effect at the time the
local enforcement agency received the application for the permit, unless the contractor has sought and
received approval from the local enforcement agency for an alternative material, design or method of
construction.
4.) A local enforcement agency may close a building permit 6 years after the issuance of the permit, even in
the absence of a final inspection, if the local enforcement agency determines that no apparent safety hazard
exists.
For purposes of this section, the term “close” means that the requirements of the permit have been satisfied.
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is
commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced . The Building Official is authorized to
grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be
requested in writing and justifiable cause demonstrated as determined by the Building Official.
105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan,
or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local
enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify
the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters
and sections upon which the finding is based, and provide this information to the permit applicant. If the local building
code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local
building code administrator or inspector shall identify the specific plan features that do not comply with the applicable
codes, identify the specific code chapters and sections upon which the finding is based, and provide this information
to the local enforcing agency. The local enforcing agency shall provide this information to the permit appli cant.
Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building
permit to; issue a notice of violation to; or fine, penalize sanction or assess fees against an arm’s -length purchaser of
a property for value solely because a building permit applied for by a previous owner of the property was not closed.
The local enforcement agency shall maintain all rights and remedies against the property owner and contractor listed
on the permit.
Pursuant to Section 553.79(16), Florida Statutes, a local enforcement agency may not deny issuance of a building
permit to a contractor solely because the contractor is listed on other building permits that were not closed.
105.6.1 Misrepresentation of application. The Building Official may revoke a permit or approval, issued under
the provisions of this code, when 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.
105.6.2 Violation of code provisions. The Building Official may require correction or revoke the permit upon
determination by the building official that the construction, erection, alteration, repair, moving, demolition,
installation, or replacement of the building, 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 or the Village Code
of Ordinances.
105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion
of the project.
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105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for
a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14 -
point, capitalized, boldfaced type: “WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR
PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE
BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.”
105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an
existing structure to contain an asbestos notification statement which indicates the owner’s or operator’s
responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of
Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and
federal law. Refer to Section 105.3.6 “Asbestos Removal Contractor Exemption” of this code for additional
requirements.
105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board
shall be provided to receive duplicate treatment certificates as each required protective treatment is completed,
providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment
certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area
treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective
treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be
completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for
contract document requirements.
105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for
reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or
electric panel.
105.12 Work starting before permit issuance. Upon written request and approval of the Building Official, the
scope of work delineated in the building permit application and plan may be started prior to the final approval and
issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not
proceed past the first required inspection.
105.13 Phased permit approval. After submittal of the appropriate construction documents, the Building Official
is authorized to issue a permit for the construction of foundations or any other part of a building or stru cture before
the construction documents for the whole building or structure have been submitted. The holder of such permit for
the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building
operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to
meet the requirements of the technical codes.
105.14 Permit issued on basis of an affidavit. The Building Official may accept a sworn affidavit from a
registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and
structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general
arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to
the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is
issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under
conditions which, in the opinion of the Building Official, are hazardous or complex, the Building Official shall
require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall
supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection
reports as inspections are performed, and upon completion make and file with the Building Official written affidavit
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that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical
codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person
or agency whose qualifications are reviewed by the Building Official. The Building Official shall ensure that any
person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and
that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida
Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6).
Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance
requirements of the Florida Building Code.
105.15 Opening protection. Reserved.
105.16 Inspection of existing residential building not impacted by construction.
(a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity,
may not require as a condition of issuance of a one- or two-family residential building permit the inspection
of any portion of a building, structure, or real property that is not directly impacted by the construction,
erection, alteration, modification, repair, or demolition of the building, structure, or real property for which
the permit is sought.
(b) This subsection does not apply to a building permit sought for:
1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida
Building Code.
2. A change of occupancy as defined in the Florida Building Code.
3. A conversion from residential to nonresidential or mixed use pursuant to Section553.507(2)(a), Florida
Statutes or as defined in the Florida Building Code.
4. A historic building as defined in the Florida Building Code.
(c) This subsection does not prohibit a local enforcing agency, or any local building code administrator,
inspector, or other official or entity, from:
1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection
conducted in accordance with the prohibition in paragraph (a).
2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly
impacted by the construction, erection, alteration, modification, repair, or demolition of the building,
structure, or real property for which the permit is sought in accordance with the prohibition in paragraph
(a).
3. Inspecting any portion of a building, structure, or real property for which the owner or other person
having control of the building, structure, or real property has voluntarily consented to the inspection of
that portion of the building, structure, or real property in accordance with the prohibition in paragraph
(a).
4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued
in accordance with Sections 933.20-933.30, Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section, the term:
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(a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system
contracting pursuant to a certificate or registration issued by the department under part II of chapter
489, Florida Statutes.
(b) "Low-voltage alarm system project" means a project related to the installation, maintenance,
inspection, replacement, or service of a new or existing alarm system, as defined in Section 489.505,
Florida Statutes, that is hardwired and operating at low voltage, as defined in the National Electrical
Code Standard 70, and ancillary components or equipment attached to such a system, including, but
not limited to, home-automation equipment, thermostats, and video cameras.
(c) “Wireless alarm system” means a burglar alarm system or smoke detector that is not hardwired.
(2) Notwithstanding any provision of this Code, this section applies to all low-voltage alarm system projects
for which a permit is required by a local enforcement agency. However, a permit is not required to install,
maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or
equipment attached to the system.
(3) This section does not apply to the installation or replacement of a fire alarm, or access control system
affecting required means of egress as required by Florida Building Code Chapter 10, if a plan review is
required.
(4) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor
to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in
Section 553.793, Florida Statutes. The local enforcement agency may not require the payment of any
additional fees, charges, or expenses associated with the installation or replacement of a new or existing
alarm.
(a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit
information other than identification information of the licensee and proof of registration or
certification as a contractor.
(b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the
local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or
more unspecified current or future projects.
(5) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the
low-voltage alarm system project site before commencing work on the project.
(6) A contractor is not required to notify the local enforcement agency before commencing work on a low-
voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage
Alarm System Project as provided under subsection (7) to the local enforcement agency within 14 days
after completing the project. A local enforcement agency may take disciplinary action against a contractor
who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project.
(7) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by
facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such
persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format prescribed by
the local enforcement agency and must comply with the requirements of Section 553.793(7), Florida
Statutes.
(8) A local enforcement agency may coordinate directly with the owner or customer to inspect a low-voltage
alarm system project may be inspected by the local enforcement agency to ensure compliance with
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applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor
must take corrective action as necessary to pass inspection.
(9) A municipality, county, district, or other entity of local government may not adopt or maintain in effect
any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section.
(10)A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service
of an alarm system that was permitted in accordance with this section.
The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in
accordance with the applicable provisions of chapter 489, Florida Statutes.
SECTION 106
FLOOR AND ROOF DESIGN LOADS
106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial
building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted
by the owner or the owner’s authorized agent in that part of each story in which they apply, using durable signs. It
shall be unlawful to remove or deface such notices
106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued
until the floor load signs, required by Section 106.1, have been installed.
106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of
a building, structure or portion thereof, a load greater than is permitted by this code.
SECTION 107
SUBMITTAL DOCUMENTS
107.1 General. Submittal documents consisting of construction documents, statement of special inspections,
geotechnical report and other data shall be submitted in two or more sets with each permit application. The
construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida
Statutes, and Chapter 61G15, Florida Administrative Code, or Chapter 481, Florida Statutes, and Chapter 61G1
Florida Administrative Code. Where special conditions exist, the Building Official is authorized to require additional
construction documents to be prepared by a registered design professional. Electronic media documents shall be
submitted when required by the building official, in a format acceptable to the building official, and may require only
one set of submittals.
Exception: The Building Official is authorized to waive the submission of construction documents and other
data not required to be prepared by a registered design professional if it is found that the nature of the work
applied for is such that review of construction documents is not necessary to obtain compliance with this code.
If the design professional is an architect, interior designer, or engineer legally registered under the laws of this
state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes,
Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as
provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings,
specifications and accompanying data, as required by Florida Statute.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through
107.2.6.
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107.2.1 Information on construction documents.
Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents
are permitted to be submitted when approved by the Building Official. Construction documents shall be of
sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will
conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the
Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise,
as to the quality of materials, where quality is essential to conformity with the technical codes. Such information
shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its
equivalent be used as a substitute for specific information. All information, drawings, specifications and
accompanying data shall bear the name and signature of the person responsible for the design.
107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe, and
delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind
resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance
with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability
for the specific site must be submitted with the construction documents.
107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other
data necessary to describe the construction or installation and the basis of calculations. All drawings,
specifications and accompanying data required by the building official to be prepared by an architect or engineer
shall be affixed with their official seal, signature and date as state law requires.
107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8-inch scale upon
substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental
policy, other standards for plans and specifications, including electronic format, in order to provide conformity
to its electronic permit review and record retention program. This policy may include such things as minimum
size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible
with the archive requirements of Florida Statutes.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted
to indicate conformance to this code and the construction documents and shall be approved prior to the start of
system installation. Shop drawings shall contain all information as required by the referenced installation standards
in Chapter 9.
107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction,
size and character of all portions of the means of egress including the path of the exit discharge to the public way
in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the
construction documents shall designate the number of occupants to be accommodated on every floor, and in all
rooms and spaces.
107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope
in sufficient detail to determine compliance with this code. The construction documents shall provide details of the
exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details,
control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details
around openings.
The construction documents shall include manufacturer’s installation instructions that provide supporting
documentation that the proposed penetration and opening details described in the construction documents maintain
the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior
wall system which was tested, where applicable, as well as the test procedure used.
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107.2.5 Exterior balcony and elevated walking surfaces. Where balcony or other elevated walking surfaces are
exposed to water from direct or blowing rain, snow or irrigation, and the structural framing is protected by an
impervious moisture barrier the construction documents shall include details for all element of the impervious
moisture barrier system. The construction documents shall include manufacturer’s installation instructions.
107.2.6 Site plan. The construction documents submitted with the application for permit shall be accompanied by
a site plan showing to scale the size and location of new construction and existing structures on the site, distances
from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas,
floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey.
In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing
structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or
modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise
warranted.
107.2.6.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in
accordance with Section 1612.3.1. Design flood elevations shall be uniformly specified utilizing the currently
effective NAVD 88.
107.2.6.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the
form of an electronic copy at the worksite. These plans must be open to inspection by the Building Official or a
duly authorized representative, as required by the Florida Building Code.
107.2.7 Structural information. The construction documents shall provide the information specified in Section
1603.
107.3 Examination of documents. The Building Official shall examine or cause to be examined the accompanying
submittal documents and shall ascertain by such examinations whether the construction indicated and described is in
accordance with the requirements of this code and other pertinent laws or ordinances.
Exceptions:
1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured
buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code
relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are
subject to local permitting and inspections. Photocopies of plans approved according to Rule 61-41.009,
Florida Administrative Code, shall be sufficient for local permit application documents of record for the
modular building portion of the permitted project.
2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately
licensed design and inspection professionals and which contain adequate in-house fire departments and
rescue squads is exempt, subject to approval by the Building Official, from review of plans and inspections,
providing the appropriate licensed design and inspection professionals certify that applicable codes and
standards have been met and supply appropriate approved drawings to local building and fire -safety
inspectors.
107.3.1 Approval of construction documents. When the Building Official issues a permit, the construction
document shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction
documents so reviewed shall be retained by the Building Official. The other set shall be returned to the applicant,
shall be kept at the site of work and shall be open to inspection by the Building Official or a duly authorized
representative.
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107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which has been pursued in good faith within 180 days after the effective date
of this code and has not been abandoned.
107.3.3 Phased approval. The Building Official is authorized to issue a permit for the construction of
foundations or any other part of a building or structure before the construction documents for the whole building
or structure have been submitted, provided that adequate information and detailed statements have been filed
complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts
of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance
that a permit for the entire structure will be granted.
107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a
registered design professional, the Building Official shall be authorized to require the owner or the owner’s
authorized agent to engage and designate on the building permit application a registered design professional who
shall act as the registered design professional in responsible charge. If the circumst ances require, the owner or
the owner’s authorized agent shall designate a substitute registered design professional in responsible charge who
shall perform the duties required of the original registered design professional in responsible charge. The Building
Official shall be notified in writing by the owner or the owner’s authorized agent if the registered design
professional in responsible charge is changed or is unable to continue to perform the duties.
The registered design professional in responsible charge shall be responsible for reviewing and coordinating
submittal documents prepared by others, including phased and deferred submittal items, for compatibility with
the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and
approved in writing by the designer of record prior to submittal for jurisdictional approval.
107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those
portions of the design that are not submitted at the time of the application and that are to be submitted to the
Building Official.
Deferral of any submittal items shall have the prior approval of the Building Official. The registered design
professional in responsible charge shall list the deferred submittals on the construction documents for review
by the Building Official.
Documents for deferred submittal items shall be submitted to the registered design professional in responsible
charge who shall review them and forward them to the Building Official with a notation indicating that the
deferred submittal documents have been reviewed and found to be in general conformance to the design of the
building. The deferred submittal items shall not be installed until the deferred submittal documents have been
approved by the building official.
107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida
Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter
471, Florida Statutes, or Chapter 481, Florida Statutes, by local enforcement agencies for plans review for
permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate
methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local
enforcement agencies may rely upon such certification by contractors that the plans and specifications
submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local
government code enforcement agencies may accept or rej ect plans sealed by persons licensed under Chapters
471, 481 or 489, Florida Statutes.
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107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the Building Official
shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior
elevations:
Commercial Buildings:
Building
1. Site requirements:
Parking
Fire access
Vehicle loading
Driving/turning radius
Fire hydrant/water supply/post indicator valve (PIV)
Set back/separation (assumed property lines)
Location of specific tanks, water lines and sewer lines
Flood hazard areas, flood zones, and design flood elevations
2. Occupancy group and special occupancy requirements shall be determined (with cross check with the
energy code submittal).
3. Minimum type of construction shall be determined (see Table 503).
4. Fire-resistant construction requirements shall include the following components:
Fire-resistant separations
Fire-resistant protection for type of construction
Protection of openings and penetrations of rated walls
Fire blocking and draftstopping and calculated fire resistance
5. Fire suppression systems shall include:
Early warning smoke evacuation systems
Schematic fire sprinklers
Standpipes
Pre-engineered systems
Riser diagram
6. Life safety systems shall be determined and shall include the following requirements:
Occupant load and egress capacities
Early warning
Smoke control
Stair pressurization
Systems schematic
7. Occupancy load/egress requirements shall include:
Occupancy load
Gross
Net
Means of egress
Exit access
Exit
Exit discharge
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Stairs construction/geometry and protection
Doors
Emergency lighting and exit signs
Specific occupancy requirements
Construction requirements
Horizontal exits/exit passageways
8. Structural requirements shall include:
Soil conditions/analysis
Termite protection
Design loads
Wind requirements
Building envelope
Impact resistant coverings or systems
Structural calculations (if required)
Foundation
Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood
damage-resistant materials
Wall systems
Floor systems
Roof systems
Threshold inspection plan
Stair systems
9. Materials shall be reviewed and shall at a minimum include the following:
Wood
Steel
Aluminum
Concrete
Plastic
Glass
Masonry
Gypsum board and plaster
Insulating (mechanical)
Roofing
Deck coatings
Insulation
Building envelope portions of the Energy Code (including calculation and mandatory requirements)
10. Accessibility requirements shall include the following:
Site requirements
Accessible route
Vertical accessibility
Toilet and bathing facilities
Drinking fountains
Equipment
Special occupancy requirements
Fair housing requirements
11. Interior requirements shall include the following:
Interior finishes (flame spread/smoke development)
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Light and ventilation (including corresponding portion of the energy code)
Sanitation
12. Special systems:
Elevators
Escalators
Lifts
13. Swimming pools:
Barrier requirements
Spas
Wading pools
14. Location and installation details. The specific location and installation details of each fire door, fire damper,
ceiling damper and smoke damper shall be shown and properly identified on the building plans by the
designer.
Electrical
1. Electrical:
Wiring
Services
Feeders and branch circuits
Overcurrent protection
Grounding
Wiring methods and materials
GFCIs
Electrical portions of the Energy Code (including calculation and mandatory requirements)
2. Equipment
3. Special occupancies
4. Emergency systems
5. Communication systems
6. Low voltage
7. Load calculations
8. Design flood elevation
Plumbing
1. Minimum plumbing facilities
2. Fixture requirements
3. Water supply piping
4. Sanitary drainage
5. Water heaters
6. Vents
7. Roof drainage
8. Back flow prevention
9. Irrigation
10. Location of water supply line
11. Grease traps
12. Environmental requirements
13. Plumbing riser
14. Design flood elevation
15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements)
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Mechanical
1. Mechanical portions of the energy calculations
2. Exhaust systems:
Clothes dryer exhaust
Kitchen equipment exhaust
Specialty exhaust systems
3. Equipment
4. Equipment location
5. Make-up air
6. Roof-mounted equipment
7. Duct systems
8. Ventilation
9. Combustion air
10. Chimneys, fireplaces, and vents
11. Appliances
12. Boilers
13. Refrigeration
14. Bathroom ventilation
15. Laboratory
16. Design flood elevation
Gas
1. Gas piping
2. Venting
3. Combustion air
4. Chimneys and vents
5. Appliances
6. Type of gas
7. Fireplaces
8. LP tank location
9. Riser diagram/shutoffs
10. Design flood elevation
11. Gas portions of the Energy Code (including calculation and mandatory requirements)
Demolition
1. Asbestos removal
Residential (one- and two-family):
1. Site requirements:
Set back/separation (assumed property lines)
Location of septic tanks
2. Fire-resistant construction (if required)
3. Fire
4. Smoke detector locations
5. Egress
Egress window size and location stairs construction requirements
6. Structural requirements shall include:
Wall section from foundation through roof, including assembly and materials , connector tables, wind
requirements, and structural calculations (if required)
Termite protection
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Design loads
Wind requirements
Building envelope
Foundation
Wall systems
Floor systems
Roof systems
Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment,
and flood damage-resistant materials
7. Accessibility requirements: show/identify accessible bath
8. Impact resistant coverings or systems
9. Residential Energy Code submittal (including calculation and mandatory requirements)
10. Electrical:
Electric service riser with wire sizes, conduit detail and grounding detail
Complete load calculations, Panel schedules
11. Mechanical:
Equipment and location, Duct systems
12. Plumbing:
Plumbing riser
13. Gas:
Gas piping
Venting
Combustion air
Chimneys and vents
Appliances
Type of gas
Fireplaces
LP tank location
Riser diagram/shutoffs
14. Swimming Pools
Barrier requirements
Spas
Wading pools
Manufactured buildings/housing -
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
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Kitchen equipment exhaust
5. Electrical exterior disconnect location
Exemptions.
Plans examination by the building official shall not be required for the following work:
1. Replacing existing equipment such as mechanical units, water heaters, etc.
2. Reroofs (as determined by local jurisdiction)
3. Minor electrical, plumbing, and mechanical repairs
4. Annual maintenance permits
5. Prototype plans
Except for local site adaptions, siding, foundations and/or modifications.
Except for structures that require waiver.
6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed
above in manufactured buildings/housing.
107.4 Amended construction documents. Work shall be installed in accordance with the approved construction
documents, and any changes made during construction that are not in compliance with the approved construction
documents shall be resubmitted for approval as an amended set of construction documents.
107.5 Retention of construction documents. One set of approved construction documents shall be retained by the
Building Official for a period of not less than 180 days from date of completion of the permitted work, or as required
by state or local laws.
107.6 Affidavits. The Building Official may accept a sworn affidavit from a registered architect or engineer stating
that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the
plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings,
show the structural design and that the plans and design conform to the requirements of the technical codes as to
strength, stresses, strains, loads and stability. The Building Official may without any examination or inspection accept
such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official
copies of inspection reports as inspections are performed and upon completion of the structure, ele ctrical, gas,
mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has
been erected in accordance with the requirements of the technical codes. Where the Building Official relies upon
such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the
technical codes and other pertinent laws or ordinances. The Building Official shall ensure that any person conducting
plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person
conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing
aforesaid shall preclude plan review or inspections by the building official (See also Section 105.14). On applications
in which private provider services are utilized, all time frames shall adhere to time frames as indicated in Section
553.791(7)(a), Florida Statutes.
107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the
requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 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 Sections 105.14 and
107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building
Code.
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SECTION 108
TEMPORARY STRUCTURES AND USES
108.1 General. The Building Official is authorized to issue a permit for temporary structures and temporary uses.
Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Building
Official is authorized to grant extensions for demonstrated cause.
108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103.
108.3 Temporary power. The Building Official is authorized to give permission to temporarily supply and use power
in part of an electric installation before such installation has been fully completed and the final certificate of
completion has been issued. The part covered by the temporary certificate shall comply with the requirements
specified for temporary lighting, heat, or power in NFPA 70.
108.4 Termination of approval. The Building Official is authorized to terminate such permit for a temporary
structure or use and to order the temporary structure to be removed or use to be discontinued.
SECTION 109
FEES
109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any, has been paid.
109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or
alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as
established by the applicable governing authority.
109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:
Permits;
Plans examination;
Certificates of competency (including fees for applications, examinations, renewal, late ren ewal, and
reciprocity);
Re-inspections;
Administrative fees (including fees for investigative and legal costs incurred in the context of certain
disciplinary cases heard by the board);
Variance requests;
Administrative appeals;
Violations; and
Other fees as established by local resolution or ordinance.
109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of
application. Permit valuations shall include total value of work, including materials and labor, for which the permit
is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of
the Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the
applicant can show detailed estimates to meet the approval of the Building Official. Final building permit valuation
shall be set by the Building Official.
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109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure,
electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval from
the Building Official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the Building
Official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall
not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all
such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in
obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or
be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Building Official
may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.
109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in
connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder
of the permit from the payment of other fees that are prescribed by law.
109.6 Refunds. Reserved.
SECTION 110
INSPECTIONS
110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Building
Official and such construction or work shall remain exposed and provided with access for inspection purposes until
approved.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this
code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the
provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner
or the owner’s authorized agent to cause the work to remain exposed and provided with access for inspection
purposes. The Building Official shall be permitted to require a boundary line survey prepared by a qualified surveyor
whenever the boundary lines cannot be readily determined in the field. Neither the Building Official nor the
jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow
inspection.
110.1.1 Manufacturers and fabricators. When deemed necessary by the Building Official, he/she shall make,
or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record
shall be made of every such examination and inspection and of all violations of the technical codes.
110.1.2 Inspection service. The Building Official may make, or cause to be made, the inspections required by
Section 110. He or she may accept reports of department inspectors, independent inspectors or of recognized
inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications, and
reliability. A certificate required by any provision of this code shall not be based on such reports unless the same
are recorded by the building code inspector or the architect or engineer performing building code inspections in
a manner specified by the Building Official. The Building Official shall ensure that all persons making such
inspections shall be certified in accordance to Chapter 468, Florida Statutes.
The building official may require the owner to employ an inspection service in the
following instances:
1. For buildings or additions of Type I construction;
2. For all major structural alterations;
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3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch;
4. For pile driving;
5. For buildings with an area greater than 20,000 square feet;
6. For buildings more than two stories in height; or
7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present
when work is underway on the structural elements of the building to adequately attest to its compliance.
Such inspectors shall be a registered architect, or engineer. An employee of the architect or engineer
licensed under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of
and with final certification from the architect or engineer. Such inspectors shall submit weekly progress
reports including the daily inspections to the building official, and including a code compliance opinion of
the resident inspector. At the completion of the construction work or project, the architect or engineer shall
submit a certificate of compliance to the building official, stating that the work was done in compliance
with this code and in accordance with the permitted drawing. Final inspection shall be made by the building
official before a Certificate of Occupancy or Certificate of Completion is issued; and confirmation
inspections may be made at any time to monitor activities and resident inspectors.
110.1.3 Affidavit for inspection. With specific prior approval of, and in a format acceptable to the building
official, an affidavit for certification of inspection may be accepted from the permit qualifier; when accompanied
by extensive photographic evidence of sufficient detail to demonstrate code compliance. The photographic
evidence shall be comprehensive in the display of the installation and/or construction and job location identifiers.
The affidavit and accompanying photographs shall be provided to the inspector onsite, at the next scheduled
inspection. If the photographs are found to be insufficient by the building official to demonstrate compliance with
this code and/or the permitted document, or clearly display location identifiers, or are missing, the inspector shall
require the contractor to obtain the services of a registered Florida professional engineer to inspect and certify
the installation and/or construction.
,
110.1.3.1 Exception: Affidavits may not be accepted for inspection of elements of construction which require
inspection by the local jurisdiction under the requirements of Title 44, Code of Federal Regulations, Parts 59 and
60, and the local flood damage prevention ordinance.
110.2 Preliminary inspection. Before issuing a permit, the Building Official is authorized to examine or cause to be
examined buildings, structures, and sites for which an application has been filed.
110.3 Required inspections. The Building Official upon notification from the permit holder or his or her agent shall
make the following inspections, or any other such inspection as deemed necessary and shall either release that portion
of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in
order to comply with the technical codes. The Building Official shall determine the timing and sequencing of when
inspections occur and what elements are inspected at each inspection.
Building
1. Foundation inspection. To be made after trenches are excavated, any required reinforcing steel is in place,
forms erected and shall at a minimum include the following building components:
·Stem-wall
·Monolithic slab-on-grade
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·Piling/pile caps
·Footers/grade beams
1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor
reinforcing steel and building service equipment, conduit, piping accessories and other ancillary
equipment items are in place, but before any concrete is placed or floor sheathing installed, including
the subfloor.
A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior
to approval of the slab inspection. The survey shall certify placement of the building on the site,
illustrate all surrounding setback dimensions and shall be available at the job site for review by the
building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line
markers and string-up all property lines in preparation for inspection.
1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further
vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction.
2. Framing inspection. To be made after the roof, all framing, fire blocking and bracing is in place, all
concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing,
heating wires, pipes and ducts are approved and shall at a minimum include the following building
components:
·Window/door framing
·Window U-factor/SHGC as indicated on approved calculations
·Vertical cells/columns
·Lintel/tie beams
·Framing/trusses/bracing/connectors (including truss layout and engineered drawings)
·Draft stopping/fire blocking
·Curtain wall framing
·Energy insulation (Insulation R-factor as indicated on approved calculations)
·Accessibility.
·Verify rough opening dimensions are within tolerances.
·Window/door buck attachment
2.1. Insulation Inspection: To be made after the framing inspection is approved and the insulation is in
place, according to approved energy calculation submittal Includes wall and ceiling insulation.
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2.2 Lath and gypsum board inspection for fire-resistance-rated or shear assemblies. Lath and gypsum
board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but
before any plastering is applied or gypsum board joints and fasteners are taped and finished.
3. Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of
the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include
the following building components:
·Roof sheathing
·Wall sheathing
·Continuous air barrier
·Exterior Siding/Cladding
·Sheathing fasteners
·Roof/wall dry-in.
NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be
removed and properly reinstalled prior to installation of the dry-in material. Exception: ring shank nails shall
be bent over and a new fastener installed.
4. Exterior wall coverings. Shall at a minimum include the following building components in progress
inspections:
·Exterior wall coverings and veneers
·Soffit coverings
5. Roofing inspection. Shall at a minimum be made in at least two inspections and include the following
building components:
·Dry-in
·Insulation
·Roof coverings (including In Progress as necessary)
·Insulation on roof deck (according to submitted energy calculation)
·Flashing
·Sheathing
5.1. Re-Roof sheathing inspection. An affidavit with a notarized signature of a state or locally licensed
roofing contractor for the installation of additional sheathing fasteners as required by the Existing
Building Code may be accepted at the discretion of the Building Official.
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6. Final inspection. To be made after the building, including all sub-trade inspections, is completed and ready
for occupancy.
6.1. In flood hazard areas, as part of the final inspection, a final certification of the lowest floor elevation
shall be submitted to the authority having jurisdiction.
7. Swimming pool inspection. First inspection to be made after excavation and installation of reinforcing
steel, bonding, and main drain and prior to placing of concrete shell.
1. Steel reinforcement inspection
2. Underground electric inspection.
3. Underground piping inspection including a pressure test.
4. Underground electric inspection under deck area (including the equipotential bonding)
5. Underground piping inspection under deck area.
6. Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any
reinforcement in place
7. Safety Inspection; Made prior to filling the pool with the bonding connections made, the proper drain
covers installed and the final barriers installed.
8. Final pool piping.
9. Final Electrical inspection.
10. Final inspection to be made when the swimming pool is complete and all required enclosure
requirements are in place.
In order to pass final inspection and receive a certificate of completion, a residential swimming pool must
meet the requirements relating to pool safety features as described in Section 454.2.17. of this code
8. Demolition inspections. First inspection to be made after all utility connections have been disconnected
and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition
operations.
Final inspection to be made after all demolition work is completed.
9. Manufactured building inspections. The building department shall inspect construction of foundations;
connecting buildings to foundations; installation of parts identified on plans as site installed items, joining
the modules, including utility crossovers; utility connections from the building to utility lines on site; and
any other work done on site which requires compliance with the Florida Building Code. Additional
inspections may be required for public educational facilities (see Section 453.27.20 of this code).
10. Where impact resistant coverings or impact resistant systems are installed, the Building Official shall
schedule adequate inspections of impact resistant coverings or impact resistant systems to determine the
following:
The system indicated on the plans was installed.
The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
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Electrical
1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed,
and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to
the installation of wall or ceiling membranes.
3. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures
are in place and properly connected or protected, and the structure is ready for occupancy.
4. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical
equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs.
Plumbing
1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before
any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil,
waste and vent piping is complete, and prior to this installation of wall or ceiling membranes.
·includes plumbing provisions of the energy code and approved calculations provisions.
3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in
place and properly connected, and the structure is ready for occupancy.
Note: See Section 312 of the Florida Building Code, Plumbing for required tests.
Mechanical
1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel
piping installed, and before any backfill is put in place.
2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all
ducting, and other concealed components are complete, and prior to the installation of wall or ceiling
membranes.
·includes mechanical provisions of the energy code and approved calculations provisions.
3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is
in place and properly connected, and the structure is ready for occupancy.
Gas
1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and
before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.
·includes gas provisions of the energy code and approved calculations provisions.
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2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after
all portions which are to be concealed by plastering or otherwise have been so concealed, and before any
fixtures or gas appliances have been connected. This inspection shall include a pressure test.
3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing
systems as may be affected by new work or any changes, to ensure compliance with all the requirements
of this code and to assure that the installation and construction of the gas system is in accordance with
reviewed plans.
Site Debris
1. The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-
up and removal of all construction debris or any other miscellaneous discarded articles during the course
of the construction project and prior to receiving final inspection approval. Construction job sites must be
kept clean and in a safe condition at all times.
2. All debris shall be kept in such a manner as to prevent it from being spread by any means.
110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations
for footings are complete and any required reinforcing steel is in place. For concrete fo undations, any required
forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete
is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building
service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any
concrete is placed or floor sheathing installed, including the subfloor.
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the
basement, and prior to further vertical construction, the elevation certification shall be submitted to the Building
Official.
110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire
blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough
electrical, plumbing, heating wires, pipes and ducts are approved.
110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel
product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior,
are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners
are taped and finished.
Exception: Gypsum board and gypsum panel products that are not part of a fire -resistance-rated assembly or
a shear assembly.
110.3.6 Weather-exposed balcony and walking surface waterproofing. Where balcony or other elevated
walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structural framing
is protected by an impervious moisture barrier, all elements of the impervious -moisture-barrier system shall not
be concealed until inspected and approved.
110.3.7 Fire- and smoke-resistant penetrations.
Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall
not be concealed from view until inspected and approved.
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110.3.8 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy
Conservation and confirm with the approved energy code submittal (by appropriate trade) and corresponding
mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope
insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient, duct system R-value, and
HVAC, lighting, electrical and water-heating equipment efficiency.
110.3.9 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the
Building Official is authorized to make or require other inspections of any construction work to ascertain
compliance with the provisions of this code and other laws that are enforced by the department of building safety.
110.3.10 Special inspections. Reserved.
110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit is
completed.
110.3.11.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the Building
Official prior to the final inspection.
110.3.11.2 Energy Code documentation. If required by energy code path submittal, confirmation that
commissioning result requirements have been received by building owner.
110.3.12 Termites. Building components and building surroundings required to be protected from termite
damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be
inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance
with Section 1816 shall not be covered or concealed until the release from the building official has been received.
110.3.13 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to
meet requirements of this code, the Building Official shall schedule adequate inspections of impact resistant
coverings or systems to determine the following:
1. The system indicated on the plans was installed.
2. The system is installed in accordance with the manufacturer’s installation instructions and the product
approval.
110.4 Inspection agencies. The Building Official is authorized to accept reports of approved inspection agencies,
provided such agencies satisfy the requirements as to qualifications and reliability.
110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to
notify the Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide
access to and means for inspections of such work that are required by this code.
110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without
first obtaining the approval of the Building Official. The Building Official, upon notification, shall make the requested
inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the
permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply
shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official.
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110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and
inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold
building inspector.
110.8 Threshold building.
110.8.1 During new construction or during repair or restoration projects in which the structural system or
structural loading of a building is being modified, the enforcing agency shall require a special inspector to perform
structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or
architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance
of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is
to provide specific inspection procedures and schedules so that the building can be adequately inspected for
compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the
responsibilities of the building official, the architect, or the engineer of record. The contractor’s contractual or
statutory obligations are not relieved by any action of the special inspector.
110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has
inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the
enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height,
occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a
threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building,
subject to more than the minimum number of inspections required by the Florida Building Code.
110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but
the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified,
licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes,
as an architect.
110.8.4 Each enforcement agency shall require that, on every threshold building:
110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of
occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form:
“To the best of my knowledge and belief, the above described construction of all structural load -bearing
components complies with the permitted documents, and the shoring and reshoring conforms to the shoring
and reshoring plans submitted to the enforcement agency.”
110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be
submitted to the enforcement agency for review for compliance with the codes and made part of the
enforcement agency’s recorded set of permit documents.
110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for
recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in
compliance with the shoring documents by the contractor.
110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of
record contain a statement that, to the best of the architect’s or engineer’s knowledge, the plans and
specifications comply with the applicable minimum building codes and the applicable fire-safety standards as
determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes.
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110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a
licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building
contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named
contractor to whom the building permit is issued shall have the responsibility for supervision, direction,
management and control of the construction activities on the project for which the building permit was issued.
110.8.6 The building department may allow a special inspector to conduct the minimum structural inspection of
threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the
building department. The Building Official is responsible for ensuring that any person conducting inspections
is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes , or certified as a special
inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section
553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code.
110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as
not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property
pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable t o the applicable
property owner. This includes, but is not limited to, the control of dust, noise, water or drainage runoffs, debris, and
the storage of construction materials. New construction activity shall not adversely impact legal historic surface wat er
drainage flows serving adjacent properties, and may require special drainage design complying with engineering
standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and
owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on
existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage
flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly
indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed
professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the
final inspection.
SECTION 111
CERTIFICATE OF OCCUPANCY
111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or
occupancy classification of a building or structure or portion thereof shall not be made, until the Building Official
has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.
111.2 Certificate issued. After the Building Official inspects the building or structure and finds no violations of the
provisions of this code or other laws that are enforced by the department of building safety, the Building Official
shall issue a certificate of occupancy that contains the following:
1. The building permit number.
2. The address of the structure.
3. The name and address of the owner or the owner’s authorized agent.
4. A description of that portion of the structure for which the certificate is issued.
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5. A statement that the described portion of the structure has been inspected for compliance with the
requirements of this code for the occupancy and division of occupancy and the use for which the proposed
occupancy is classified.
6. For buildings and structures in flood hazard areas, a statement that documentation of the as -built lowest
floor elevation has been provided and is retained in the records of the authority having jurisdiction
7. The name of the Building Official.
8. The edition of the code under which the permit was issued.
9. The use and occupancy, in accordance with the provisions of Chapter 3.
10. The type of construction as defined in Chapter 6.
11. The design occupant load.
12. If an automatic sprinkler system is provided, whether the sprinkler system is required.
13. Any special stipulations and conditions of the building permit.
111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy
before the completion of the entire work covered by the permit, provided that such portion or portions shall be
occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is
valid.
111.4 Revocation. The Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or
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 is in violation
of any ordinance or regulation or any of the provisions of this code.
111.5 Certificate of Completion. A Certificate of Completion 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.
SECTION 112
SERVICE UTILITIES
112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or
power to any building or system that is regulated by this code for which a permit is required, until released by the
Building Official.
112.2 Temporary connection. The Building Official shall have the authority to authorize the temporary connection
of the building or system to the utility source of energy, fuel or power.
112.3 Authority to disconnect service utilities. The Building Official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the referenced codes
and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to
life or property or when such utility connection has been made without the approval required by Section 112.1 or
112.2. The Building Official shall notify the serving utility, and wherever possible the owner and occupant of the
building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to
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disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon
as practical thereafter.
SECTION 113
BOARD OF ADJUSTMENT AND APPEALS
113.1 Appointment. The Village’s Board of Adjustment (Planning Commission) shall also serve as the Building
Board of Adjustment and Appeals.
113.2 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in Section
113.3, to hear appeals of decisions and interpretations of the building official and consider variances of the technical
codes.
113.3 Appeals.
113.3.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized
agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever
any one of the following conditions are claimed to exist:
1. The building official rejected or refused to approve the mode or manner of construction proposed to be
followed or materials to be used in the installation or alteration of a building, structure or service system.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific case, which
the building official has rejected or refused.
4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or
incorrectly interpreted.
113.3.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so
appealed to and after a hearing, may vary the application of any provision of this code to any particular case
when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and
purpose of this or the technical codes or public interest, and also finds all of 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 granting 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.
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.
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113.3.2.1 Conditions of the variance. In granting the variance, the Board may prescribe a reasonable time limit
within which the action for which the variance is required shall be commenced or completed or both. In addition,
the Board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the
conditions of a variance shall be deemed a violation of this code.
113.3.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building
official renders the decision. Appeals shall be in a form acceptable to the building official.
113.4 Procedures of the board.
113.4.1 Rules and regulations. The Board shall establish rules and regulations for its own procedure not
inconsistent with the provisions of this code. The board shall meet on call of the chairman or Village Manager.
113.4.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be
observed and govern the proceedings. Upon determination by the Chairperson, irrelevant, immaterial, or unduly
repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable,
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 Florida. Any part of the evidence may be received in written form. Th e
Board may request certain evidence be provided by an architect or engineer registered in the State of Florida,
in which case said evidence shall be signed, sealed, and dated.
113.4.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or
question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the
building official shall be permitted to inquire of any witness before the Board. The Board may consider
testimony presented by the building official, the petitioner, or any other witness.
113.5. Decisions of the Board. The Building Board of Adjustment and Appeals shall, in every case, reach a decision
without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision.
If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies th e
application of any provision of this code, the building official shall immediately take action in accordance with such
decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to
public inspection. A copy of the decision shall be sent by mail to the appellant. Every decision of the board shall be
final; subject however to such remedy as any aggrieved party might have at law or in equity, including appeal to the
circuit court within thirty (30) days after rendition of the Board’s written decision. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate review of the record created before the Board.
SECTION 114
VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair,
move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be
done, in conflict with or in violation of any of the provisions of this code.
114.2 Notice of violation. The Building Official is authorized to serve a notice of violation or order on the person
responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of
a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under
the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
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114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Building Official is
authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to
restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the
building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved
construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions
of this code, shall be subject to penalties as prescribed by law.
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the Building Official finds any work regulated by this code being performed in a manner
either contrary to the provisions of this code or dangerous or unsafe, the Building Official is authorized to issue a
stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the
owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited
work will be permitted to resume.
115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be
subject to penalties as prescribed by law.
SECTION 116
UNSAFE STRUCTURES AND EQUIPMENT
116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which
are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous
to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe
buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and
shall be ordered by the Building Official to be abated by the owner, through repair and rehabilitation or by demolition
in accordance with this Code. The extent of repairs shall be determined by the Building Official.
116.1.1 When the Building Official determines a building, structure, electrical, gas, mechanical or plumbing
system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in
control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation
stating the defects thereof. This notice shall require the owner within a stated time either to complete specified
repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or
plumbing system or portion thereof. At the option of the Village, the processes and procedures for code
enforcement under Chapter 162, Florida Statutes, or Article IV of Chapter 6 of the Village of North Palm Beach
Code of Ordinances may be utilized to abate a violation under this section. If the statutory method of enforcement
is invoked, the Building Official shall act in the role of code inspector as authorized in Section 114 of this code
to initiate enforcement proceedings, and notice shall be in accordance with the provisions of the Statute.
116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing
systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the
specified repairs and improvements are completed, inspected and approved by the Building Official. The Building
Page 45 of 46
Official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS
USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain
posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or
corporation or its officers, agents, or other servants, to remove the posting without written permission of the
Building Official, or for any person to enter the building, or use the building or system(s) except for the purpose
of making the required repairs or of demolishing same.
116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such
owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to
demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof,
the Building Official, acting as a code inspector, shall notify an enforcement board and request a hearing. In the
case of the violation posing a serious threat, and after having ascertained the cost, the Building Official may take
action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be
demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a
continuing obligation on the part of the Building Official to continue with maintaining such building, structure,
or system; or create liability for any damage to the property.
116.1.4 The decision of the Building Official shall be final in cases of emergency, which, in the opinion of the
Building Official, involve imminent danger to human life or health, or the property of others. He/she shall
promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be
made safe or cause its removal. For this purpose, he/she may at once enter such structure or land on which it
stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she
may order the vacating of adjacent structures and may require the protection of the public by appropriate fence
or such other means as may be necessary, and for this purpose may close a public or private way.
116.2 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient
because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard,
or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or
inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed
or made safe, as the Building Official deems necessary and as provided for in this section. A vacant structure that is
not secured against entry shall be deemed unsafe.
116.3 Record. The Building Official shall cause a report to be filed on an unsafe condition. The report shall state the
occupancy of the structure and the nature of the unsafe condition.
116.4 Notice. If an unsafe condition is found, the Building Official shall serve on the owner, agent or person in
control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs
or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished
within a stipulated time. Such notice shall require the person thus notified to declare immediately to the Building
Official acceptance or rejection of the terms of the order.
116.5 Method of service. Such notice shall be deemed properly served if a copy thereof is (a) delivered to the owner
personally; (b) sent by certified or registered mail addressed to the owner at the last known address with the return
receipt requested; or (c) delivered in any other manner as prescribed by local law. If the certified or registered letter
is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about
the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon
the person responsible for the structure shall constitute service of notice upon the owner.
116.6 Restoration. Where the structure or equipment determined to be unsafe by the Building Official is restored to
a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during
Page 46 of 46
the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the
requirements of Section 105.2.2 and the Florida Building Code, Existing Building.
116.7 Enforcement proceedings; hearings. Violation proceedings and hearings for unsafe structures and equipment
will be conducted before the special magistrate in accordance with the provisions set forth in Chapter 162, Florida
Statutes. The owner of property that is subject to an enforcement proceeding before the special magistrate or court is
required to make disclosures as outlined in Chapter 162, Florida Statutes, before a transfer of property, and failure to
make the required disclosures creates a presumption of fraud.
116.8 Administrative fines; costs to repair; liens. All costs associated with taking a case before the special
magistrate shall be recovered where the jurisdiction prevails. Whenever one of the orders of the special magistrate
has not been complied with by the time set for compliance, for each day thereafter during which each violation
continues past the date set for compliance, the special magistrate may impose a fine. All costs incurred as a result of
actions taken pursuant to Section 114 are charged to the violator. A certified copy of an order imposing a fine, or a
fine plus repair, and the costs of prosecuting the case, may be recorded in the public records and shall thereafter
constitute a lien against the land where the violation exists and upon any other real or personal property owned by
the violator. If an order is recorded in the public records pursuant to this subsection, and it has been complied with
by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be
recorded in the public record. A hearing is not required for the issuance of such a compliance order.
116.9 Appeal. An aggrieved party, including the local governing body, may appeal a final administrative order of an
enforcement board or special magistrate to the circuit court. Such an appeal shall not be a hearing de novo but shall
be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30
days of the execution of the order to be appealed.
SECTION 117
VARIANCES IN FLOOD HAZARD AREAS
117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the
local floodplain management, Chapter 12.5 (Flood Damage Prevention) of the Village of North Palm Beach Code of
Ordinances 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.
Boat and RV Ordinance
Amendments
January 14, 2021
Ordinance Amendments
Amendments attempt to….
Consider the historical standards in the Code (even
though they weren’t enforced for a period of time) as
they established community expectations.
Afford current equipment owners a simple pathway
with flexible standards to store equipment on their
property through a “gradfathering” process while
ultimately adhering to historic standards.
Avoid negative impacts of storing large equipment in
the setbacks to adjacent/neighboring properties
Major Issues and Changes
•Height/Length: “dimensional exception” process
for current equipment owners to maintain
storage.
•Screening Standards: opacity standard modified
and existing neighboring landscaping permitted
to provide screening.
•Loading/Unloading Time: increased time.
•Utility Connections: restored past regulations.
•No change to tie down requirements.
Screening
•Continue exempting equipment above the hull of
a boat.
•Now, exempting mechanical equipment on top of
an RV.
•Change “opaque” to “90% opaque”. This would
allow minimal views of equipment to exist.
•Eliminate full screening requirement at
ingress/egress. Require no less than a 6’ gate
(8’ is permissible) and up to 20’ wide.
Screening
•Allow existing hedges/screening on adjacent
property to fulfill screening requirement.
•Part of the Dimensional Exception application if
equipment dimensional requirements are not met.
Must be in place at the time of the application.
•No approvals are required if dimensional
requirements are met. This applies to existing and
new equipment purchased after the effective date of
the ordinance.
•In either case, if neighboring hedges (or screening)
are removed and not replaced so that required
screening is satisfied, equipment owner must provide
screening on his or her property to comply.
Dimensional Exception Process
•Replace the “Special Exception” process with a new
“Dimensional Exception” process.
•Approvals to be considered by the Village Council.
•Only impediments to approval are:
•an inability to screen or
•reduction of the neighbor’s enjoyment of his or her property by
blocking natural light and/or creating shade to the extent that the
property is negatively impacted.
•Only residents with equipment as of November 12, 2020
are eligible to apply.
•Approval not transferable to another property.
•Approval does not run with the property –only for the resident
that received approval.
Dimensional Exception Process
•If significant conditions change, equipment owners must
submit a new application. Examples would include:
•Hedge/vegetation on neighboring property is
removed (this is part of a new allowance as part of
the screening requirement) or significant alteration of
screening in general.
•New equipment that exceeds prior equipment
dimensions
•Administrative Approval required for new equipment
purchased by an eligible resident if the dimensions are
the same or smaller but still exceed the limits in the
code.
Amendments
Parking in Front Yard:create more flexibility for
owners
•24 hours for loading and unloading.
•Limit to 4 times in a 14 day period.
•Use the same limits for boats.
Utility Connection:
•Restore old language to prohibit occupation but allow connections
periodically to maintain equipment/appliances.
Recommendation
Adoption of an Ordinance Amending
Sections 18-35 and 18-35.1 to:
•Allow additional time for loading and unloading
equipment,
•Exempt mechanical equipment on RVs from height
restrictions,
•Allow periodic utility connections to maintain
equipment,
•Relax screening requirements, and
•Eliminate the special exception process and provide
for a dimensional exception process for residents who
owned and stored equipment on their properties on or
before November 12, 2020.
Page 1 of 10
ORDINANCE NO. 2020-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA AMENDING ARTICLE III, “STOPPING, STANDING 4
AND PARKING,” OF CHAPTER 18, “MOTOR VEHICLES,” OF THE VILLAGE 5
CODE OF ORDINANCES BY AMENDING SECTION 18-35, “BOATS AND BOAT 6
TRAILERS; PARKING ON RESIDENTIAL PROPERTY RESTRICTED IN THE R -1 7
AND R-2 RESIDENTIAL ZONING DISTRICTS,” AND SECTION 18-35.1, 8
“RECREATIONAL VEHICLES AND TRAILERS; PARKING ON RESIDENTIAL 9
PROPERTY RESTRICTED IN R-1 AND R-2 ZONING DISTRICTS,” TO MODIFY 10
THE LOADING AND SCREENING REQUIREMENTS, ALLOW FOR PERIODIC 11
UTILITY CONNECTIONS FOR MAINTENANCE, ELIMINATE THE SPECIAL 12
EXCEPTION PROCESS AND PROVIDE FOR A NEW DIMENSIONAL EXCEPTION 13
PROCESS; PROVIDING FOR CODIFICATION; PROVIDING FOR 14
SEVERABILITY; PROVIDING FOR CONFLICTS; AND P ROVIDING FOR AN 15
EFFECTIVE DATE. 16
17
WHEREAS, through the adoption of Ordinance No. 2016-07, the Village Council amended and clarified 18
the regulations governing the parking and storage of boats, trailers and recreational equipment in the R-19
1 and the R-2 Zoning Districts; and 20
21
WHEREAS, through the adoption of Ordinance No. 2019-06, the Village Council amended these 22
regulations to: eliminate Village registration; modify the screening requirements for boats; prohibit chain 23
link fences with windscreens; extend the grow in period for vegetative screening; and modify the special 24
exception process; and 25
26
WHEREAS, the Village Council wishes to again amend these regulations to: allow additional time for 27
loading and unloading of such equipment; exempt mechanical equipment on recreational vehicles from 28
the height restriction; allow periodic utility connections to maintain the equipment and appliances; relax 29
the screening requirements; and eliminate the special exception process and provide for a dimensional 30
exception process for residents who owned and stored such equipment on their properties on or before 31
November 12, 2020; and 32
33
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the 34
public health, safety and welfare of the Village and its residents. 35
36
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 37
NORTH PALM BEACH, FLORIDA as follows: 38
39
Section 1. The foregoing “whereas” clauses are hereby ratified as true and are incorporated herein. 40
41
Section 2. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” Article 42
III, “Stopping, Standing and Parking,” of the Village Code of Ordinances by amending Section 18-35 to 43
read as follows (new language is underlined and deleted language is stricken through): 44
45
Sec. 18-35. Boats and boat trailers; parking on residential property restricted in 46
R-1 and R-2 residential zoning districts. 47
Page 2 of 10
Boats and boat trailers shall be parked in the side or rear yard, or within 1
completely enclosed garages on sites containing a single family or duplex residence, 2
subject to the following conditions: 3
4
(1) A maximum of two (2) pieces of such equipment, inclusive of recreational 5
vehicles provided for in section 18-35.1, shall be permitted on a site at one time, 6
excluding those stored within a completely enclosed garage. Boats or personal 7
watercraft shall be on trailers, and a boat or up to two (2) personal watercraft on 8
a trailer shall be considered collectively as one (1) piece of equipment. 9
10
(2) Such parking shall be limited to such equipment owned or leased by and for the 11
use of the occupant of the site, except as otherwise provided in subsection (3) 12
below. 13
14
(3) The location for such parked equipment shall be in the rear yard at least five (5) 15
feet from the rear property line or in the side yard not projecting beyond the front 16
building line. Equipment, including equipment owned by a guest of an occupant, 17
may be temporarily parked on the site from the front building line to the paved 18
street or alleyway (including the swale/rights-of-way as long as no portion extends 19
into any sidewalk or street, but excluding the front yard) for a period of time not 20
to exceed four (4) twenty-four (24) hour periods in any fourteen (14) day seventy-21
two (72) hours in any thirty (30) day period unless prohibited by section 18-34.1. 22
23
(4) Such equipment shall, at all times, be currently registered and licensed as required 24
by the laws of the State of Florida and, if applicable, shall display a current 25
registration sticker and have attached a current vehicle license plate. 26
27
(5) When parked on the site, such equipment shall not be used for living or sleeping 28
quarters or for housekeeping or storage purposes and shall not have attached 29
thereto any water, sewer, electric or gas service connection, except as may be 30
required to maintain the equipment or appliances or recharge for the purpose of 31
recharging a vehicle’s storage batteries. 32
33
(6) Such equipment shall not exceed the maximum length, width, height and weight 34
permitted under applicable provisions of the motor vehicle laws of the State of 35
Florida; provided, however, the maximum length of the boat exclusive of the 36
trailer shall not exceed thirty (30) feet and the maximum height shall not exceed 37
twelve (12) feet, as measured from the ground. The length of the boat shall be 38
determined utilizing the boat’s state registration. 39
40
(7) Such equipment shall be securely affixed to the ground or removed immediately 41
upon the issuance of a hurricane or tropical storm warning by a recognized 42
government agency so that it will not be a hazard or menace during high winds or 43
hurricanes. 44
45
(8) All such equipment, when parked on site, shall be visually screened from the view 46
of abutting properties, street rights-of-way, and alleyways in accordance with 47
subsections (a) and (b) below. The line of sight shall be from the edge of abutting 48
Page 3 of 10
properties, street rights-of-way and alleyways closest to the site. Equipment is 1
not required to be screened from the right-of-way providing access to the rear or 2
side yard if such equipment is located behind a gate at least six (6) feet in height 3
and no more than twenty (20) feet wide. 4
5
(a) Screening shall be in the form of a properly anchored opaque wall, fence, 6
or gate (meeting all building code requirements) or an opaque a hedge or 7
other living vegetation, each with a minimum opacity of ninety percent 8
(90%). Walls, gates or fences shall be constructed in accordance with 9
section 45-36(D), and the use of chain link fencing with windscreens is 10
prohibited. Hedges or other living vegetation shall be planted in the 11
ground on the property on which the equipment is located and shall be of 12
sufficient height to screen such equipment. If screening located on the 13
same property as the equipment requires vegetation greater than four (4) 14
feet in height, vegetation shall be planted a minimum of four (4) feet at 15
grade and shall reach a sufficient height to screen such equipment within 16
two (2) years. Existing hedges or other living vegetation on an adjacent 17
property may be used to provide the required screening, provided, 18
however, that in the event the hedges or other living vegetation on an 19
adjacent property is removed and not replaced so as to provide the required 20
screening, screening shall be provided on the property on which the 21
equipment is located in accordance with the requirements of this section 22
or the equipment shall be removed from the property. Vegetation shall be 23
maintained at all times so as not to encroach onto neighboring properties 24
(if provided on the property on which the equipment is located) or rights-25
of-way. 26
27
(b) All boat hulls shall be fully screened, provided, however, that consoles, t-28
tops, canopies, outriggers, electronics and similar appurtenances atop the 29
boat may project beyond the screening material. Notwithstanding the 30
foregoing, boats with cabins must be fully screened on all sides. 31
32
(9) If covers are provided for the open part of boats, they shall be tightly fitted such 33
that they conform to the contours of the boat. Covers shall be a solid color. No 34
tarps shall be used. 35
36
(10) All such equipment and the associated parking areas shall be kept in a clean, neat 37
and presentable condition. Such equipment shall not be inoperable, wrecked, 38
junked, partially dismantled or abandoned. Major repairs or overhauling shall not 39
be conducted on the site. 40
41
(11) The village council finds that, as a matter of fact, boats are a customary accessory 42
use of the land in R-1 and R-2 zoning districts in the village. 43
44
(12) Such parked equipment shall not be used in the course of any commercial activity. 45
For this purpose, commercial activity shall include any type of business or activity 46
which is conducted on or off the subject premises. 47
48
Page 4 of 10
(13) Any resident who, on or before November 12, 2020, both (i) owns person seeking 1
to store on his or her property equipment that does not meet the dimensional 2
requirements of subsection (6) above or the setback from the rear property line 3
required by subsection (3) above and (ii) has stored such equipment on his or her 4
property may file an application for a special dimensional exception on a form 5
supplied by the community development department. No fee shall be charged for 6
such application. 7
8
(a) An applicant seeking an exception to the dimensional requirements or rear 9
setback requirement shall be required to demonstrate that due to the size, 10
shape or physical configuration of the property and the location of the 11
equipment, the applicant meets all non-dimensional requirements of this 12
section, including, but not limited to, setbacks and required screening. An 13
applicant seeking an exception to the rear setback requirement shall be 14
required to demonstrate that due to the size, shape or physical 15
configuration of the property, there is no suitable alternate storage location 16
on the property and the applicant meets all other requirements of this 17
section including, but not limited to, required screening, and that the 18
equipment will not significantly affect the natural light or increase the 19
shadows or shade on an adjacent property to the extent that the storage of 20
the equipment on the applicant’s property has a negative impact on the 21
neighbor’s enjoyment of his or her property. 22
23
(b) The application shall, at a minimum, be accompanied by the following 24
information: 25
26
1. Documentation demonstrating equipment ownership and date of 27
acquisition; 28
29
2. Identification of the location of the equipment as evidenced by 30
photographs and/or a sketch; and 31
32
3. Identification of the wall, fence or vegetation utilized for screening 33
in relation to adjacent properties as evidenced by photographs 34
and/or a sketch. 35
36
Upon receipt of a completed application, village staff will conduct a site 37
visit to verify compliance with the criteria set forth above and may require 38
the applicant to provide additional information to complete the application 39
process. 40
41
a survey demonstrating the precise location proposed for storage of the 42
equipment relative to adjacent properties and rights-of-way, and a site plan 43
showing the proposed screening material, including all walls, fences, gates 44
and landscaping. 45
46
(c) The community development department shall review the application to 47
ensure it is complete and prepare the necessary documentation for review 48
Page 5 of 10
by the planning commission. The planning commission shall review the 1
application at a public hearing and forward a recommendation of approval, 2
approval with conditions or denial to the village council. The village 3
council shall conduct a public hearing and approve, approve with 4
conditions or deny the application. The village council’s final 5
determination shall be set forth in a written order. 6
7
(d) The procedure and notice requirements for consideration of the special 8
exception application shall be as set forth in sections 45- 16.2(e) and (f) of 9
the village code The applicant shall be required to notify all adjacent 10
property owners, including the owners of properties separated from the 11
applicant’s property by a public or private right-of-way, of the council’s 12
consideration of the dimensional exception application. Such notice shall 13
be on a form supplied by the community development department. 14
Ownership shall be determined utilizing the county property appraiser’s 15
database. At least seven (7) days prior to the village scheduling the 16
dimensional application for consideration by the village council, the 17
applicant shall provide a notarized certification that such notice has been 18
provided to all adjacent property owners either via first class mail or hand-19
delivery. No additional notice shall be required. 20
21
(e) A dimensional exception shall not run with the property and the sale of the 22
property, a change in the occupant of the property, or a change in the 23
ownership of the equipment shall terminate the approval. Once a 24
dimensional exception has been granted by the village council, any 25
increase in the size of the equipment or significant alteration of the 26
required screening, including but not limited to, the removal of a hedge or 27
other living vegetation on adjacent property, shall require a new 28
application. Notwithstanding the foregoing, if a resident who has been 29
granted a dimensional exception acquires new equipment of the same or 30
smaller dimension that still exceeds the dimensional requirements set forth 31
in subsection (6) above, he or she shall be required to apply for 32
administrative approval on a form supplied by the community 33
development department. 34
35
Section 3. The Village Council hereby amends Chapter 18, “Motor Vehicles and Traffic,” Article 36
III, “Stopping, Standing and Parking,” of the Village Code of Ordinances by amending Section 18-35.1 37
to read as follows (new language is underlined and deleted language is stricken through): 38
39
Sec. 18-35.1. Recreational vehicles and trailers; parking on residential property 40
restricted in R-1 and R-2 residential zoning districts. 41
42
Recreational, campers, and camping equipment in the form of travel and/or 43
camping trailers, motor homes, personal use recreational use trailers including 44
motorcycle and all terrain vehicle trailers and vans, designed and used exclusively as 45
temporary living quarters for recreation, for camping, for travel and for other personal 46
recreation use, shall be parked in the side or rear yard, or within completely enclosed 47
Page 6 of 10
garages on sites containing a single family or duplex residence, subject to the following 1
conditions: 2
3
(1) A maximum of two (2) pieces of such equipment, inclusive of those provided for 4
in section 18-35, at a time shall be permitted on a site, excluding those stored 5
within a completely enclosed garage. No more than one (1) recreational vehicle 6
shall be permitted on site. 7
8
(2) Such parking shall be limited to such equipment owned or leased by and for the 9
use of the occupant of the site. 10
11
(3) The location for such parked equipment shall be in the rear yard at least five (5) 12
feet from the rear property line, or in the side yard not projecting beyond the front 13
building line. Equipment, including equipment owned by a guest of an occupant, 14
may be temporarily parked on the site from the front building line to the paved 15
street or alleyway (including the swale/rights-of-way as long as no portion extends 16
into any sidewalk or street) for a period of time not to exceed four (4) twenty-four 17
hour periods in any fourteen (14) day seventy-two (72) hours in any thirty (30) 18
period unless prohibited by section 18-34.1. 19
20
(4) Such equipment shall, at all times, be currently registered and licensed as required 21
by the laws of the State of Florida and, if applicable, shall display a current 22
registration sticker and have attached a current vehicle license plate. 23
24
(5) When parked on the site, such equipment shall not be used for living or sleeping 25
quarters or for housekeeping or storage purposes and shall not have attached 26
thereto any water, sewer, electric or gas service connection, except as may be 27
periodically required to maintain the equipment and appliances or recharge for the 28
purpose of recharging a vehicle’s storage batteries. 29
30
(6) Such equipment shall not exceed the maximum length, width, height and weight 31
permitted under applicable provisions of the motor vehicle laws of the State of 32
Florida; provided, however, the maximum length of the equipment exclusive of 33
the trailer shall not exceed thirty (30) feet and the maximum height shall not 34
exceed ten (10) feet, exclusive of affixed mechanical equipment. 35
36
(7) Such equipment shall be securely affixed to the ground or removed immediately 37
upon the issuance of a hurricane or tropical storm warning by a recognized 38
government agency so that it will not be a hazard or menace during high winds or 39
hurricanes. 40
41
(8) All such equipment, when parked on site shall be visually screened from the view 42
of abutting properties, street rights-of-way, and alleyways in accordance with the 43
requirements set forth below. The line of sight shall be from the edge of abutting 44
properties, street rights-of-way and alleyways closest to the site. Equipment is 45
not required to be screened from the right-of-way providing access to the rear or 46
side yard if such equipment is located behind a gate at least six (6) feet in height 47
and no more than twenty (20) feet wide. 48
Page 7 of 10
1
Screening shall be in the form of a properly anchored opaque wall, fence or gate 2
(meeting all building code requirements) or an opaque a hedge or other living 3
vegetation, each with a minimum opacity of ninety percent (90%). Walls, gates 4
or fences shall be constructed in accordance with section 45-36(D), and the use of 5
chain link fencing with windscreens is prohibited. Hedges or other living 6
vegetation shall be planted in the ground on the property on which the equipment 7
is located and shall be of sufficient height to screen such equipment. If screening 8
located on the same property as the equipment requires vegetation greater than 9
four (4) feet in height, vegetation shall be planted a minimum of four (4) feet at 10
grade and shall reach a sufficient height to screen such equipment within two (2) 11
years. Existing hedges or other living vegetation on an adjacent property may be 12
used to provide the required screening, provided, however, that in the event the 13
hedges or other living vegetation on an adjacent property is removed and not 14
replaced so as to provide the required screening, screening shall be provided on 15
the property on which the equipment is located in accordance with the 16
requirements of this section or the equipment shall be removed from the property. 17
Vegetation shall be maintained at all times so as not to encroach onto neighboring 18
properties (if provided on the property on which the equipment is located) or 19
rights-of-way. 20
21
(9) All such equipment and the associated parking areas shall be kept in a clean, neat 22
and presentable condition. Such equipment shall not be inoperable, wrecked, 23
junked, partially dismantled or abandoned. Major repairs or overhauling shall not 24
be conducted on the site. 25
26
(10) The village council finds that, as a matter of fact, recreational equipment and 27
camping equipment are customary accessory uses of the land in R-1 and R-2 28
zoning districts in the village. 29
30
(11) Such parked equipment shall not be used in the course of any commercial activity. 31
For this purpose, commercial activity shall include any type of business or activity 32
which is conducted on or off the subject premises. 33
34
(12) Any resident who, on or before November 12, 2020, both (i) owns person seeking 35
to store on his or her property equipment that does not meet the dimensional 36
requirements of subsection (6) above or the setback from the rear property line 37
required by subsection (3) above and (ii) has stored such equipment on his or her 38
property, may file an application for a special dimensional exception on a form 39
supplied by the community development department. No fee shall be charged for 40
such application. 41
42
(a) An applicant seeking an exception to the dimensional requirements or rear 43
setback requirement shall be required to demonstrate that due to the size, 44
shape or physical configuration of the property and the location of the 45
equipment, the applicant meets all non-dimensional requirements of this 46
section, including, but not limited to, setbacks and required screening. An 47
applicant seeking an exception to the rear setback requirement shall be 48
Page 8 of 10
required to demonstrate that due to the size, shape or physical 1
configuration of the property, there is no suitable alternate storage location 2
on the property and the applicant meets all other requirements of this 3
section including, but not limited to, required screening, and that the 4
equipment will not significantly affect the natural light or increase the 5
shadows or shade on an adjacent property to the extent that the storage of 6
the equipment on the applicant’s property has a negative impact on the 7
neighbor’s enjoyment of his or her property. 8
9
(b) The application shall, at a minimum, be accompanied by the following 10
information: 11
12
1. Documentation demonstrating equipment ownership and date of 13
acquisition; 14
15
2. Identification of the location of the equipment as evidenced by 16
photographs and/or a sketch; and 17
18
3. Identification of the wall, fence or vegetation utilized for screening 19
in relation to adjacent properties as evidenced by photographs 20
and/or a sketch. 21
22
Upon receipt of a completed application, village staff will conduct a site 23
visit to verify compliance with the criteria set forth above and may require 24
the applicant to provide additional information to complete the application 25
process. 26
27
a survey demonstrating the precise location proposed for storage of the 28
equipment relative to adjacent properties and rights-of-way, and a site plan 29
showing the proposed screening material, including all walls, fences, gates 30
and landscaping. 31
32
(c) The community development department shall review the application to 33
ensure it is complete and prepare the necessary documentation for review 34
by the planning commission. The planning commission shall review the 35
application at a public hearing and forward a recommendation of approval, 36
approval with conditions or denial to the village council. The village 37
council shall conduct a public hearing and approve, approve with 38
conditions or deny the application. The village council’s final 39
determination shall be set forth in a written order. 40
41
(d) The procedure and notice requirements for consideration of the special 42
exception application shall be as set forth in sections 45- 16.2(e) and (f) of 43
the village code The applicant shall be required to notify all adjacent 44
property owners, including the owners of properties separated from the 45
applicant’s property by a public or private right-of-way, of the council’s 46
consideration of the dimensional exception application. Such notice shall 47
be on a form supplied by the community development department. 48
Page 9 of 10
Ownership shall be determined utilizing the county property appraiser’s 1
database. At least seven (7) days prior to the village scheduling the 2
dimensional application for consideration by the village council, the 3
applicant shall provide a notarized certification that such notice has been 4
provided to all adjacent property owners either via first class mail or hand-5
delivery. No additional notice shall be required. 6
7
(e) A dimensional exception shall not run with the property and the sale of the 8
property, a change in the occupant of the property, or a change in the 9
ownership of the equipment shall terminate the approval. Once a 10
dimensional exception has been granted by the village council, any 11
increase in the size of the equipment or significant alteration of the 12
required screening, including but not limited to, the removal of a hedge or 13
living vegetation on adjacent property, shall require a new application. 14
Notwithstanding the foregoing, if a resident who has been granted a 15
dimensional exception acquires new equipment of the same or smaller 16
dimension that still exceeds the dimensional requirements set forth in 17
subsection (6) above, he or she shall be required to apply for 18
administrative approval on a form supplied by the community 19
development department. 20
21
Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the 22
Village of North Palm Beach, Florida. 23
24
Section 5. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any 25
reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding 26
shall not affect the remainder of this Ordinance. 27
28
Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict 29
herewith are hereby repealed to the extent of such conflict. 30
31
Section 7. This Ordinance shall take effect immediately upon adoption. 32
33
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2020. 34
35
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 36
2021. 37
38
39
(Village Seal) 40
MAYOR 41
42
ATTEST: 43
44
45
VILLAGE CLERK 46
47
48
Page 10 of 10
APPROVED AS TO FORM AND 1
LEGAL SUFFICIENCY: 2
3
4
VILLAGE ATTORNEY 5
VILLAGE OF NORTH PALM BEACH
VILLAGE ATTORNEY’S OFFICE
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: January 14, 2021
SUBJECT: MOTION – Waiver of residency requirement for Planning Commission member (Lori
Rainaldi)
The Village Council appointed Lori Rainaldi as an alternate member of the Planning Commission in 2018
and as a regular member in 2019. Her term currently expires on April 30, 2021. Ms. Rainaldi has
informed the Village that while she will remain the owner of property in the Village, she has temporarily
relocated her residence to the City of Palm Beach Gardens. She hopes to regain Village residency in
the near future.
Section 2-1(f)(2) of the Village Code of Ordinances requires that all members of Village boards and
committees shall be residents of the Village and maintain residency in the Village during the term of
appointment unless waived by the Village Council. Given that the Council has not made any new
appointments to Village boards and committees since 2019 and in recognition of Ms. Rainaldi’s
continuous service to the Village, Staff is recommending that Council grant a residency waiver to Ms.
Rainaldi to serve the remainder of her term or until such time as the Council appoints new members to
the Planning Commission. Pursuant to section 2-1(h)(2) of the Village Code of Ordinances, board and
committee members whose terms have expired continue to serve until their successors are appointed.
There is no fiscal impact.
Recommendation:
Village Staff recommends Council consideration and approval of a residency waiver for Planning
Commission member Lori Rainaldi until the expiration of her term on April 30, 2021 or until such
time as the Council appoints a successor member to the Village’s Planning Commission.
VILLAGE OF NORTH PALM BEACH
FIRE RESCUE DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: J.D. Armstrong, Fire Chief
DATE: January 14, 2021
SUBJECT RESOLUTION – Approving an Agreement for Medical Director Services with Rolando Cabrera, D.O., for the Fire Rescue Department
Chapter 401, Florida Statutes, and Rule 64J-1.004, Florida Administrative Code, require the Village
retain a Medical Director to direct emergency medical services. For the past twelve years, that position
has been filled by Scott McFarland, M.D. As of December 16, 2020, Dr. McFarland resigned this
position. In order to remain in compliance with Florida law and provide a continuum of care to the
residents and guests of the Village, it was necessary to immediately fill this position.
On December 17, 2020, the Village entered into a contract with Rolando Cabrera, D.O., to serve as the
Village’s Medical Director. Dr. Cabrera is a duly qualified emergency room physician working at Palm
Beach Gardens Medical Center. Further, Dr. Cabrera agreed to accept the terms of the existing Medical
Director contract with no changes and, after review, approved the Fire Rescue Department’s emergency
medical protocols as written without change.
Account Information:
Fund Department / Division Account Number Account
Description Amount
General Fund Fire Rescue A5812-33190 Professional Services $14,400
The attached Resolution and Agreement have been prepared and/or reviewed for legal sufficiency by
the Village Attorney.
Recommendation:
Village Administration requests Council consideration and approval of the attached Resolution
approving, retroactive to December 17, 2020, a multi-year contract between the Village and
Rolando Cabrera, D.O., for Medical Director Services at an annual cost of $14,400, with funds
expended from Account No. A5812-33190 (Fire Rescue – Professional Services) and authorizing
the Village Manager to execute the Agreement in accordance with Village poli cies and
procedures.
RESOLUTION 2021-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR MEDICAL
DIRECTOR SERVICES WITH ROLANDO CABRERA, D.O., AND
AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 401, Florida Statutes, and Rule 64J -1.004, Florida Administrative Code, require
the Village, as a provider of Advanced Life Support and Basic Life Support emergency medical services,
to contract with a duly qualified physician to serve as its Medical Director; and
WHEREAS, through the adoption of Resolution No. 2011-12 on January 13, 2011, the Village Council
approved an Agreement for Medical Director Services with Scott McFarland, M.D.; and
WHEREAS, due to Dr. McFarland’s sudden resignation and to ensure continued compliance with
Florida law, the Village Manager executed a new Agreement for Medical Director Services with Rolando
Cabrera, D.O., under the same terms and conditions; and
WHEREAS, the Village Council wishes to approve the Agreement with Dr. Cabrera and determines that
the adoption of this Resolution, including the waiver of any applicable purchasing policies and
procedures, is in best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, as follows:
Section 1. The foregoing “whereas” clauses are hereby ratified and incorporated herein.
Section 2. The Village Council hereby approves an Agreement for Medical Director Services with
Roland Cabrera, D.O., a copy of which is attached hereto and incorporated herein, at an annual cost of
$14,400, with funds expended from Account No. A5812-33190 (Fire Rescue – Professional Services).
The Village Council further authorizes the Village Manager to execute the Agreement on behalf of the
Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall be effective retroactive to December 17, 2020.
PASSED AND ADOPTED THIS _____ DAY OF ___________________, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Members of the Village Council
THRU: Andrew D. Lukasik, Village Manager
FROM:
DATE:
Steven J. Hallock, Director of Public Works
January 14, 2021
SUBJECT: RESOLUTION – Approval of an updated Interlocal Agreement (ILA) with the Solid
Waste Authority (SWA) of Palm Beach County for the delivery of municipal solid
waste to designated facilities and for a municipal revenue sharing recycling
program.
During its last session, the Florida Legislature amended Section 403.706, Florida Statutes, to require that
the certain language be included in all new and renewed contracts between municipalities or counties
and private waste haulers as well as contracts between a county or municipality and a Recovered
Materials Processing Facility. The intended goal of such language is to reduce contamination in
recycling.
The SWA is the entity responsible for providing the countywide recycling program, achieving the state-
mandated recycling goals, and operating the Recovered Materials Processing Facility. As a result, the
Village already has an ILA with SWA for recycling services and revenue sharing.
The ILA revision contains the language that meets all of the new statutory requirements, updates the
terms to reflect current industry definitions, and simplifies the structure. There have been no substantive
changes to the terms and conditions of the existing ILA, and the Village currently meets or exceeds all of
the ILA requirements. As a result, there will be no changes in the Village’s sanitation operations,
expenditures or revenue.
The attached Resolution and Contract have been prepared and/or reviewed by the Village Attorney for
legal sufficiency.
There is no fiscal impact.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
an updated Interlocal Agreement with the Solid Waste Authority (SWA) of Palm Beach County for
the delivery of municipal solid waste to designated facilities and for a municipal revenue sharing
recycling program and authorizing the Mayor and Village Clerk to execute the Agreement in
accordance with Village policies and procedures.
RESOLUTION 2021- 1
2
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, APPROVING AN UPDATED INTERLOCAL 4
AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH 5
COUNTY FOR THE DELIVERY OF SOLID WASTE TO DESIGNATED 6
FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM AND 7
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE 8
AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN 9
EFFECTIVE DATE. 10
11
WHEREAS, through the adoption of Resolution No. 2009-57, the Village approved an Interlocal 12
Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for a Municipal 13
Revenue Sharing Recycling Program with the Solid Waste Authority of Palm Beach County (“SWA”); 14
and 15
16
WHEREAS, due to revisions to Chapter 403, Florida Statutes, intended to reduce contamination in 17
recycling, SWA has presented the Village with an updated Interlocal Agreement reflecting the new 18
statutory language; and 19
20
WHEREAS, the Village Council determines that the execution of the Interlocal Agreement is in the 21
interest of the public health, safety and welfare. 22
23
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM 24
BEACH, FLORIDA as follows: 25
26
Section 1. The foregoing recitals are ratified as true and are incorporated herein. 27
28
Section 2. The Village Council hereby approves the updated Interlocal Agreement for the Delivery 29
of Municipal Solid Waste to Designated Facilities and for a Municipal Revenue Sharing Recycling 30
Program, a copy of which is attached hereto and incorporated herein by reference, and authorizes the 31
Mayor and Village Clerk to execute the Agreement on behalf of the Village. 32
33
Section 3. All resolutions in conflict with this Resolution are hereby repealed to the extent of such 34
conflict. 35
36
Section 4. This Resolution shall become effective immediately upon adoption. 37
38
PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. 39
40
41
(Village Seal) 42
MAYOR 43
ATTEST: 44
45
46
VILLAGE CLERK 47
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE ATTORNEY
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Leonard G. Rubin, Village Attorney
DATE: January 14, 2021
SUBJECT: RESOLUTION – Approval of Interlocal Agreement with Palm Beach County for Building Permit Services for an area within the Village adjacent to Canal Road
Village Staff was contacted by Jean and Sharon Halle (“Halle”), the owners of property at 2231 Canal Road
(“Residential Lot”) within unincorporated Palm Beach County just north of the Prosperity Harbor PUD.
Halle wishes to construct a dock across a “water parcel” owned by Halle (“Water Lot”) located immediately
to the west of his home. The Water Lot was originally owned by Pulte Homes, the developer of the
Prosperity Harbor PUD, and is located within the Village of North Palm Beach. Because the dock would
be accessory to the Residential Lot located in the County and not the Village, the Village could not issue
a permit for an accessory residential dock.
In discussing the issue with both Halle and the County, the Village originally proposed annexing the six
homes located along the eastern end of Canal Road because that area is an enclave as defined by state
statute. However, there was resistance to annexation by the homeowners. While Halle could voluntarily
annex just the Residential Lot into the Village, Village Staff was concerned about the delivery of municipal
services to just one home on Canal Road.
Based on the foregoing, the County and the Village collectively determined that the simplest and most
expedient way to address this issue was to execute an Interlocal Agreement whereby the Village granted
the County the authority to process and issue building permits for accessory structures located on the
Water Lot. Halle agreed to pay all costs associated with the development and review of the Interlocal
Agreement. This is similar to the procedure set forth in a prior 2019 Interlocal Agreement whereby the
County granted the Village the right to process and issue building permits for accessory structures located
in the C-17 right-of-way along Laurel Road where the homes were located in the Village and the right-of-
way was located in the County.
The attached Interlocal Agreement grant’s the County’s Building Department the authority to accept,
process, and issue building permits for accessory structures located on the Water Lot. All such permits
shall be subject to the Florida Building Code, as well as all Village and County Code requirements.
The Interlocal Agreement shall be in effect through September 30, 2021 and shall automatically renew for
subsequent fiscal years unless terminated by either the County or the Village with sixty days’ notice. As
compensation for providing such services, the County shall retain all building permit fees.
The attached Resolution and Interlocal Agreement have been reviewed for legal sufficiency.
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving an
Interlocal Agreement with Palm Beach County to allow the County to provide Building Permit
Services for accessory structures on a lot within the Village adjacent to 2231 Canal Road within
the County and authorizing the Mayor and Village Clerk to execute the Interlocal Agreement in
accordance with Village policies and procedures.
RESOLUTION 2021-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
PALM BEACH COUNTY FOR BUILDING PERMIT SERVICES FOR A PARCEL OF
PROPERTY IMMEDIATELY WEST OF 2231 CANAL ROAD AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the owners of 2231 Canal Road, located in unincorporated Palm Beach County, also own
a lot immediately to the west of the property located within the Village; and
WHEREAS, the property owners wish to construct a dock across the property within the Village;
however, the Village lacks the authority to issue a permit for an accessory dock when the primary
structure is located in the County; and
WHEREAS, the Village and Palm Beach County wish to execute an Interlocal Agreement granting the
County the authority to accept, process and issue building permits for such accessory structure; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the interests of the
public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council approves the Interlocal Agreement with Palm Beach County
whereby the County would for Building Permit Services within a portion of the Village located
immediately west of 2231 Canal Road, a copy of which is attached hereto and incorporated herein, and
authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed
to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF , 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 11
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE VILLAGE OF NORTH PALM BEACH PROVIDING FOR
BUILDING PERMITTING SERVICES WITHIN A PORTION OF THE
VILLAGE OF NORTH PALM BEACH BY PALM BEACH COUNTY.
This Interlocal Agreement is entered into this _____day of ____________, 2020
by and between:
PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY;”
AND
THE VILLAGE OF NORTH PALM BEACH, a municipal corporation
organized and existing under the laws of the State of Florida, whose
permanent address is 501 U.S. Highway One, North Palm Beach, FL
33408, hereinafter referred to as "VILLAGE." The VILLAGE and
COUNTY are jointly referred to as “parties.”
W I T N E S S E T H:
WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal
Cooperation Act of 1969" authorizes local governments to enter into intergovernmental
agreements to make the most efficient use of their powers by enabling them to cooperate
with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors
influencing the needs and development of local communities; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies as defined
therein to enter into interlocal agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and which each might
exercise separately; and
WHEREAS, the health, safety, and welfare of the residents of the COUNTY and
the VILLAGE will best be served by COUNTY providing building permitting services for
accessory structures within parcel number 68434205230220000, as shown in Exhibit B;
and
WHEREAS, VILLAGE is desirous of contracting with COUNTY to provide such
building permitting services; and
WHEREAS, this Agreement evidences the intentions of the respective parties to
cooperate with each other in furtherance of the public's interest.
NOW, THEREFORE, in consideration of the mutual obligations and undertakings
described below, the parties do hereby agree as follows:
Page 2 of 11
1. PURPOSE OF AGREEMENT
This Interlocal Agreement is for the purpose of VILLAGE contracting with COUNTY
to provide building permitting services for accessory structures within parcel number
68434205230220000, as more particularly set forth in the Scope of Work, attached hereto
as Exhibit A.
2. COOPERATION / LIAISON
To facilitate this Interlocal Agreement, including the Scope of Work included in
Exhibit A and the Map of Affected Area included in Exhibit B, (together the “Agreement”)
VILLAGE’s liaison shall provide COUNTY with any information COUNTY needs in order
to provide the building permitting services described in Exhibit A when such information
is within the VILLAGE’s control and when the VILLAGE is not otherwise prohibited from
providing such information to the COUNTY.
COUNTY's liaison during the term of this Agreement is: Palm Beach County
Building Division, Attn: Building Official, 2300 N. Jog Road, West Palm Beach, Florida,
33411, phone: (561) 233-5192. VILLAGE’s liaison during the term of this Agreement is:
Village of North Palm Beach Department of Community Development, Attn: Jeremy
Hubsch, Director, 420 U.S. Highway One, Suite 21, North Palm Beach, Florida, 33408,
phone: (561) 841-3369.
3. ADMINISTRATION / IMPLEMENTATION OF AGREEMENT
Rendition of service, standards of performance, discipline of officers and
employees, and other matters incidental to performance of services and control of
personnel shall remain with COUNTY. This Agreement does not make officers and
employees of COUNTY agents, employees, or legal representatives of VILLAGE, for any
purpose whatsoever, and they are in no way authorized to make any contract, agreement,
warranty, or representation on behalf of VILLAGE, or to create any obligation on behalf
of VILLAGE.
4. LIABILITY / INDEMNIFICATION
Each party shall be liable for its own actions and negligence and, to the extent
permitted by law, COUNTY shall indemnify, defend and hold harmless VILLAGE against
any actions, claims, or damages arising out of COUNTY’s negligence in connection with
this Agreement, and VILLAGE shall indemnify, defend and hold harmless COUNTY
against any actions, claims, or damages arising out of VILLAGE’s negligence in
connection with this Agreement. The foregoing indemnification shall not constitute a
waiver of sovereign immunity beyond or alter the limits set forth in Section 768.28, Florida
Statutes, nor shall the same be construed to constitute agreement by either party to
indemnify the other party for such other party’s, or any third party’s , negligent, willful or
intentional acts or omissions.
Page 3 of 11
5. INSURANCE
COUNTY and VILLAGE are municipal entities or political subdivisions of the State
of Florida subject to the limitations of Section 768.28, Florida Statutes, as amended. Each
shall maintain fiscally prudent liability programs with regard to each party’s respective
obligations under this Agreement. Nothing herein shall serve as a waiver of sovereign
immunity. COUNTY and VILLAGE agree that if either contracts with a third-party to
perform any services related to this Agreement, COUNTY or VILLAGE shall require the
following insurance from such third-party:
a. Commercial General Liability with minimum limits of $500,000 per occurrence.
b. Workers’ Compensation in compliance with Florida Statutes, Chapter 440.
Policy shall include coverage for Employer’s Liability.
6. EFFECTIVE DATE / TERM OF AGREEMENT
This Interlocal Agreement shall be in effect from the Effective Date to September
30, 2021, and shall be automatically renewed thereafter on September 30 of each year
for a period of one fiscal year (October 1 to September 30) unless terminated as provided
for in Section 7 herein. The Effective Date is the first date as of which: (1) both the Mayor
of the Palm Beach County Board of County Commissioners and the Mayor of the Village
of North Palm Beach have executed the Agreement; and (2) the Agreement has been
filed with the Clerk, pursuant to Section 19 of this Agreement.
7. TERMINATION
This Agreement may be terminated by either party upon sixty (60) days ’ written
notice by the terminating party to the other party, with or without cause. The COUNTY
shall complete processing and issuance of any application for a permit submitted to the
COUNTY prior to the date of termination of this Agreement.
8. AMENDMENTS
This Agreement may be amended only by written document fully executed by both
parties and formal action of the Board of County Commissioners of COUNTY and the
Village Council of VILLAGE.
9. LEVEL OF SERVICE
The level of service provided by COUNTY pursuant to this Agreement shall be the
same level of service provided by COUNTY for unincorporated Palm Beach County.
Page 4 of 11
10. NOTICE
All notices required to be given under this Agreement shall be deemed sufficient
to each party when delivered by United States Mail to the following:
COUNTY THE VILLAGE
Palm Beach County Building Division,
Attn: Building Official
Andrew D. Lukasik, Village Manager
2300 N. Jog Road 501 U.S. Highway One
West Palm Beach, FL 33411 North Palm Beach, FL 33408
With a copy to:
COUNTY THE VILLAGE
Palm Beach County Attorney’s Office Leonard G. Rubin, Village Attorney
301 N. Olive Avenue 701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33401 West Palm Beach, FL 33407
11. NON-DISCRIMINATION
COUNTY is committed to assuring equal opportunity in the award of contracts and
complies with all laws prohibiting discrimination. Pursuant to Palm Beach County
Resolution R2017-1770, as may be amended, the VILLAGE warrants and represents that
throughout the term of this Agreement, including any renewals thereof, if applicable, all of
its employees are treated equally during employment without regard to race, color,
religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual
orientation, gender identity or expression, or genetic information. Failure to meet this
requirement shall be considered default of this Agreement.
12. INSPECTOR GENERAL
Notwithstanding any other provision in this Agreement, all documents, records,
reports and any other materials produced hereunder shall be subject to disclosure,
inspection and audit, pursuant to the Palm Beach County Office of the Inspector General,
Palm Beach County Code, Sections 2-421 - 2-440, as amended.
Palm Beach County has established the Office of the Inspector General in Palm
Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector
General’s authority includes but is not limited to the power to review past, present and
proposed COUNTY contracts, transactions, accounts and records, to require the
production of records, and to audit, investigate, monitor, and inspect the activities of
VILLAGE, its officers, agents, employees, and lobbyists in order to ensure compliance
with contract requirements and detect corruption and fraud.
Page 5 of 11
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2 -421 - 2-440, and
punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second-
degree misdemeanor.
13. PUBLIC RECORDS
Notwithstanding anything contained herein, as provided under Section 119.0701, Florida
Statutes, if the VILLAGE: (i) provides a service; and (ii) acts on beha lf of COUNTY as
provided under Section 119.011(2), Florida Statutes, VILLAGE shall comply with the
requirements of Section 119.0701, Florida Statutes, as it may be amended from time to
time. The VILLAGE is specifically required to:
A. Keep and maintain public records required by COUNTY to perform services
as provided under this Agreement.
B. Upon request from COUNTY’s Custodian of Public Records, provide the
COUNTY with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided
by law. VILLAGE further agrees that all fees, charges and expenses shall
be determined in accordance with Palm Beach County PPM CW -F-002,
Fees Associated with Public Records Requests, as it may be amended or
replaced from time to time.
C. Ensure that public records that are exempt, or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement term and following
termination of the Agreement, if VILLAGE does not transfer the records to
COUNTY.
D. Upon termination of the Agreement, VILLAGE shall transfer, at no cost to
COUNTY, all public records in possession of VILLAGE unless notified by
COUNTY’s representative/liaison, on behalf of COUNTY’s Custodian of
Public Records, to keep and maintain public records required by COUNTY
to perform the service. If VILLAGE transfers all public records to COUNTY
upon termination of the Agreement, VILLAGE shall destroy any duplicate
public records that are exempt, or confidential and exempt from public
records disclosure requirements. If VILLAGE keeps and maintains public
records upon termination of the Agreement, VILLAGE shall meet all
applicable requirements for retaining public records. All records stored
electronically by VILLAGE must be provided to COUNTY, upon request of
COUNTY’s Custodian of Public Records, in a format that is compatible with
the information technology systems of COUNTY, at no cost to COUNTY.
Page 6 of 11
Failure of VILLAGE to comply with the requirements of this Section 13 shall be a material
breach of this Agreement. COUNTY shall have the right to exercise any and all remedies
available to it, including, but not limited to, the right to terminate for cause. VILLAGE
acknowledges that it has familiarized itself with the requirements of Chapter 119 , Florida
Statutes, and other requirements of state law applicable to public records not specifically
set forth herein.
IF VILLAGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO VILLAGE’S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC
AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401,
BY E-MAIL AT RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE AT 561-
355-6680.
14. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of COUNTY or VILLAGE officers.
15. ANNUAL APPROPRIATION
Each party's performance and obligation to pay under this Agreement is contingent
upon an annual budgetary appropriation by its respective governing body for subsequent
fiscal years.
16. PAYMENT FOR SERVICES
COUNTY shall collect all Building Permit Fees from applicants submitting
applications to COUNTY for building permit services described in Exhibit A. Such fees
shall serve as full and complete payment for COUNTY'S services.
17. REMEDIES
This Agreement shall be construed and governed by the laws of the State of
Florida. Any and all legal action necessary to enforce this Agreement shall be filed in Palm
Beach County, Florida. No remedy herein conferred upon any party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof.
18. EXECUTION OF AGREEMENT
This Agreement may be executed in two (2) or more counterparts, each of which
shall be deemed an original. All of which shall constitute one (1) and the same instrument.
Page 7 of 11
19. FILING
A copy of this Agreement shall be filed by COUNTY with the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
20. ENFORCEMENT COSTS
Any costs or expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or conditions of this Agreement shall be borne by the
respective parties, provided, however, that this clause pertains only to the parties to this
Agreement.
21. ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement between the
parties with respect to the matter hereof.
22. JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not be construed more severely against one of the parties than
the other.
23. BINDING EFFECT
All of the terms and provisions of this Agreement shall be binding upon, inure to
the benefit of, and be enforceable by the parties and their respective legal
representatives, successors and permitted assigns.
24. ASSIGNABILITY
The responsibility for carrying out any responsibility assumed by any party to this
Agreement may not be assigned.
25. NO THIRD-PARTY BENEFICIARY
No provision of this Agreement is intended to, or shall be construed to, create any
third-party beneficiary or to provide any rights to any person or entity not a party to this
Agreement, including but not limited to any citizen or employee o f COUNTY and/or
VILLAGE.
26. SEVERABILITY
If any part of this Agreement is contrary to, prohibited by or deemed invalid under
applicable law or regulation, such provision shall be inapplicable and omitted to the extent
so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby
Page 8 of 11
and shall be given full force and effect.
27. E-VERIFY; EMPLOYMENT ELIGIBILITY
The parties to this Agreement warrant and represent that each is in compliance with
section 448.095, Florida Statutes, as may be amended. No later than January 1, 2021,
each party shall: (1) register with and use the E-Verify System (E-Verify.gov), to
electronically verify the employment eligibility of all newly hired workers.
Either party to this Agreement shall terminate this Agreement if it has a good faith belief
that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may
be amended.
IN WITNESS THEREOF, PALM BEACH COUNTY, Florida, has caused this
Interlocal Agreement to be executed by the Mayor of its Board of County Commissioners
and the seal of said Board to be affixed to and attested to by the Clerk of said Board,
pursuant to authority granted by said Board; and the VILLAGE OF NORTH PALM
BEACH, Florida, has caused this Interlocal Agreement to be executed in its corporate
name by its Mayor and its corporate seal to be affixed hereto, attested by the VILLAGE's
Clerk, the date and year first written above.
PALM BEACH COUNTY, FLORIDA,
a political subdivision of the State of Florida
Attest:
SHARON R. BOCK BOARD OF COUNTY COMMISSIONERS
Clerk & Comptroller
By_____________________ By_________________________________
Deputy Clerk Dave Kerner, Mayor
APPROVED AS TO APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY: CONDITIONS:
_______________________ _____________________________________
Assistant County Attorney Ramsay J. Bulkeley, Executive Director, PZ&B
Page 9 of 11
VILLAGE OF NORTH PALM BEACH,
a Florida municipal corporation
Attest:
By___________________________
Mayor
__________________________
Village Clerk ___ day of ____________, ____ (date)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By_______________________
Village Attorney
Page 10 of 11
EXHIBIT A: SCOPE OF WORK
The Palm Beach County Building Division shall provide the following services:
Accept, process, and issue building permits for all accessory structures, including, but not
limited to, docks, seawalls and boat lifts, within parcel number 68434205230220000, as
reflected in Exhibit B. All such building permits shall be subject to all applicable laws,
ordinances, and regulations, including the Florida Building Code and the VILLAGE’s Code
of Ordinances. VILLAGE shall be solely responsible for determining compliance with the
VILLAGE’s Code of Ordinances. COUNTY shall verify compliance with the VILLAGE’s
Code of Ordinances prior to the issuance of any permits for accessory structures by
contacting Jeremy Hubsch, Community Development Director at jhubsch@village-
npb.org or (561) 841-3369.
EXHIBIT B
Parcel Control Number:
Legal: Tract V, Prosperity Harbor North, Plat Book 85, Pages
103 - 109, Public Records, Palm Beach County, FL
VILLAGE OF NORTH PALM BEACH
PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY NOVEMBER 10, 2020
Present: Cory Cross, Chairman
Donald Solodar, Vice Chair
Thomas Hogarth, Member
Jake Furlott, Member
Lori Rainaldi, Member
Kathryn DeWitt, Member
Len Rubin, Village Attorney
Jeremy Hubsch, Community Development Director
Alex Ahrenholz, Principal Planner
Not Present: Jonathan Haigh, Member
I. CALL TO ORDER
Chairman Cross called the meeting to order at 6:30 PM.
IA. ROLL CALL
All members of the Planning Commission were present except Mr. Haigh.
II. APPROVAL OF MINUTES
The Minutes of the October 6, 2020 Regular Meeting were approved as written.
III. DELARATION OF EX PARTE COMMUNICATIONS
There were no Ex Parte Communications declared by the Board.
IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING
Attorney Len Rubin swears in all persons speaking.
A. CERTIFICATES OF APPROPRIATENESS
1. COA 2020-1061: IHOP
Request: Application by Designs To Go on behalf of HOPI 312 LLC, for the replacement
of existing monument and wall signage for IHOP restaurant.
Minutes of Village Planning Commission Regular Meeting held on November 10, 2020
2
Mr. Ahrenholz presented the Staff report and recommendation. The Applicant is seeking to replace the existing
monument and wall signage. The IHOP restaurant was constructed in 1968 and has remained largely unchanged since
then. The restaurant is located on the SE corner of the US-1 Bridge over the C17 Canal (also known as the Earman River).
The existing building and monument signage were installed in 2007. Though the current signs are still in good condition,
the national IHOP branding has changed, which requires an update to the signage on site. The monument sign will remain
in its current location along the north edge of the parking lot . The Applicant is proposing to update the existing sign face
to include the new IHOP logo. The building sign will eliminate the cabinet in exchange for individual channel letters. Both
signs will be internally lit at night. Staff requests the Commission include the following condition(s) as a part of
their order:
1. Obtain a sign permit for the scope of work as provided herein.
The Planning Commissions members discussed whether the sign could have individual letters in lieu of the
raceway; what color will the raceway be painted; and what is the area for the wall sign.
Kevin Canapa, Designs To Go, 4317 10th Ave. N., Lake Worth, was present to represent the project.
Motion: Mr. Solodar moved to approve the application with Staff’s recommendation. Ms. Rainaldi seconded the
motion, which passed 6-0.
2. COA 2020-1858: Gemini Club
Request: Application by Infinity Signs & Graphix on behalf of the Gemini Condominium
association for a new monument sign along Golfview Rd.
Mr. Ahrenholz presented the Staff report and recommendation. The Applicant requesting to install a new
monument sign along Golfview Rd. There is currently no monument sign on Golfview Rd and 1 is allowed per
multifamily residential complex. The sign is permitted a maximum area of 32 square feet and height of 8 feet.
The proposed sign will be 3 different gray tones with black pin mounted lettering. The proposed colors of the sign
will match the new color of the condo building. The entire sign structure will be aluminum and setback 20 feet
from the front property line in a currently open grass area. The sign will be externally lit at night by spotlights
placed in front of the sign. There will also be small shrubs planted around the sign.
Staff requests the Commission include the following condition(s) as a part of their order:
1. Obtain a permit for the scope of work as provided herein.
2. Landscape specifications shall be included with the permit. Shrubs shall be maintained at a minimum height
of thirty (30) inches.
3. An electrical permit shall be submitted for proposed lighting prior to signage permit approval.
The Chairman opened the floor for comments from the public. There were no comments from the public.
Bill Fuhs, 336 Golfview Rd., North Palm Beach was present to represent the project. Mr. Fuhs stated that he had
an issue with the requirement for a 30 inch high shrub around the base of the monument which would cover the
sign. He suggests elevating the ground to raise the sign up to accommodate the shrubs.
Minutes of Village Planning Commission Regular Meeting held on November 10, 2020
3
The Planning Commissions members discussed options to raise the height of the sign to accommodate the
landscape requirement; what colors the sign will be painted; and whether the radial detail between the base and
the sign can be kept intact.
Motion: Mr. Hogarth moved to approve the application as presented, including Staff’s recommendations of:
1. Obtain a permit for the scope of work as provided herein.
2. Landscape specifications shall be included with the permit. Shrubs shall be maintained at a minimum height
of thirty (30) inches.
3. An electrical permit shall be submitted for proposed lighting prior to signage permit approval; and
the condition that the sign be raised with the overall sign height not to exceed eight feet above grade, to
accommodate the landscape requirement.
Mr. Furlott seconded the motion, which passed 6-0.
3. COA 2020-1770: Frigates
Request: Application submitted by Steve Muller on behalf of Frigates Holdings,
LLC, requesting a Certificate of Appropriateness for an air conditioning enclosure.
Mr. Ahrenholz presented the Staff report and recommendation. The applicant is requesting a Certificate of
Appropriateness for and AC enclosure. The existing air conditioning unit is on the East side of the building,
surrounded by a fence and wall. This enclosure was installed in 2010 with the initial building construction and
has been maintained this way since then. According to the applicant, there have been consistent issues with the
venting of this unit and the one on the West side of the building. Raising the unit higher will resolve the problem
as well as achieve more needed storage for the site. The mechanical equipment is proposed to be shielded from
view by a concrete block wall, painted the same color as the main building. The landscaping currently surrounding
the enclosure is proposed to remain in place or be replaced if altered during construction. staff recommends the
Commission include the following conditions as a part of their order:
1. Maintain landscaping as currently exists around the enclosure. If any plant material is removed during
construction, it must be replaced same for same in compliance with the approved landscape plan.
The Planning Commissions members discussed whether outdoor furniture will be stored in the enclosure; whether
the wall will be built over the existing siding; whether there is a gate for the lower level; whether there is access
to the second level for a service technician; and a request for an elevation of the east side showing what the outside
of the wall is to look like.
Motion: Mr. Furlott moved to Table the discussion to a future meeting. Mr. Hogarth seconded the motion, which
passed 6-0.
B. ORDINANCES
1. Municipally Initiated Rezoning- 872 US Hwy 1
Request: rezone property from C1A- Limited Commercial District to CMU- Commercial
Mixed-Use district.
Minutes of Village Planning Commission Regular Meeting held on November 10, 2020
4
Mr. Hubsch presented the Staff report and recommendation. This is one remaining rezoning to be completed, at
872 US-1. Prior to the other rezoning areas coming before the Planning Commission in September, there was
some question as to the accurate zoning classification of this property, which has been confirmed as C-1A. Had
the property been in the C-A District, which is simply being renamed the C-MU US-1 Mixed Use District, it
would have not needed to be rezoned. However, since it is in fact in the C-1A district, a rezoning is needed to
bring it into the C-MU US-1 Mixed Use District. The proposed rezoning will make the property consistent with
the new commercial zoning code and surrounding properties on US-1. Staff is recommending approval of the
proposed rezoning.
The Planning Commissions members had no issues to discuss.
Motion: Mr. Hogarth moved to recommend approval to the Village Council. Mr. Solodar seconded the motion,
which passed 6-0.
V. ADMINISTRATION MATTERS
A. Staff Updates:
• Memory Care construction has begun, rather suddenly. The construction has to be completed
in one phase and the commercial portion must receive a TCO before a final CO is issued to the
memory care center.
• Water Club Tower 3 has received a TCO. Units are starting to receive CO’s as owners are
closing and stating to move in.
• A new Brew Pub is going in at Crystal Cove Commons. No actual brewing of beer will take
place, but many different types from all over will be served. It is actually a restaurant and pub.
• Status update on Village Grocer project provided.
B. Commission Member Comments:
• New curb cuts along Prosperity Farms Rd. – This is a County project with no involvement
from the Village.
• Village Council discussion on lane reduction along US 1. No input requested from Planning
Commission.
• Status of the bridge repair along US 1.
VI. ADJOURNMENT
With there being no further business to come before the Board, the meeting adjourned at 7:26 PM.
Minutes typed by Jane Lerner
Village of North Palm Beach
Recreation Advisory Board
Minutes from the November 10, 2020 Meeting
CALL TO ORDER:
Chairman Maria Cassidy called the meeting to order at 7:00 PM.
ROLL CALL:
Maria Cassidy, Chair
Chris Cantwell, Vice Chair
Paul Beach
Bob Bell
Don Grill
Tim Hullihan
Mia St. John
Village Council Representative – None
Stephen Poh, Director of Parks and Recreation
Russ Ruskay, Parks and Recreation
APPROVAL OF MINUTES:
Don Grill made a motion to approve the minutes; seconded by Chris Cantwell. The motion passed 7-0.
PUBLIC COMMENT:
No public comment.
DIRECTOR’S REPORT:
Stephen updated the Board on park projects. At Lakeside Park, two Memorial benches will be installed
in the next couple of weeks. Also at Lakeside Park the split rail fence was replaced all around the parking
lot area. All the buildings have been painted at Osborne Park. Currently there are 2 light poles at
Community Center fields that are out and need to get rewired. These lights do not cause any issues for
games or practices.
Stephen updated the Board on upcoming special events (with COVID restrictions). The Halloween Drive
Thru was a huge success. We ended up taking over 70 cars and 200 people within a 2-hour time frame.
Stephen had displayed the winners of the costume contest on the board. Our next event will be Tree
Lighting Ceremony at Veterans Park on Wednesday, December 2nd at 7pm. The ceremony will be a little
different this year due to COVID restrictions. We will not have a choir performing this year. The mayor
will say a few words and then count down to the tree lighting. The tree will light up, music will be played
and the snow machine will be blowing snow around the park area. We also will be having our Trolley
Rides on Friday, December 18th from 6:30pm-8:30pm by reservation only. We will take 60 reservations
per half hour and run 4 trolleys. We will have staff wiping down trolleys after each trip. There will be a
Santa inside the Obert room at a distance. Children will still be able to talk to Santa and take a social
distance picture. We are also adding a new event this year called House Decorating Contest. The contest
will run from December 3 -21 and any resident can send the Recreation team 2 pictures or one video of
their house to enter the contest. The recreation team has picked out 5 categories that a resident can
choose which one to enter.
Stephen updated the Board on recreation programing. Mia Griner had been overseeing our Youth Flag
Football which continues practices and games until mid-December. We are looking to host our end of
the year party at the Country club pool area. Sign-ups for our Youth soccer program for ages 6-14 will
start on December 1st with the season beginning in January. We are working with Palm Beach soccer
academy to come in and do a coaches’ clinic for all volunteer coaches. The department-run MINIs sport
program is set to finish our baseball session in December. We had seven children (ages 3-5) registered
for this session that was held inside the Community Center. Our next session will be Soccer which will
start up in January 2021. Bill Egan has been working on starting his Adult trips back up in January. He
sent out a mailer to previous trip guests who have shown interest in coming back. We will limit the
amount of patrons on the bus and will book mostly outdoor bus trips. Sign-ups will start in December
and he will have 2 trips in January, February and March.
NEW BUSINESS:
Stephen informed the Board that we have installed a new card reader system at Osborne Park.
This will help us secure the building and let us know who accessing the building at specific times.
We have created a schedule for each instructor so they can only access the building when we
have them scheduled. We will also know if someone tries to access the building at any
nonscheduled time.
Stephen explained to the Board that we have reached an agreement with Environmental Quality
Inc. who will be responsible for cleaning at the berm area at Lakeside. This company was
recommended by the Environmental Committee and will meet with them next month. We will
also have the company come out and meet with the Friends of Lakeside. Environmental Quality
will start in January with removal of exotics and then maintain the berm 2 times in 2021. Then
the next 2 years they will have quarterly maintenance done.
OLD BUSINESS:
Stephen updated the Board on the dry storage spots. We had 5 residents that were removed
from the waitlist and 5 people that passed this time on a dry storage space. We had 9 residents
that did not renew this fiscal year and we have filled all but 2 spots. Becky Ring who is in charge
of the waitlist has contacted residents for those 2 spots and is waiting for return calls. We also
had 1 wet slip that did not renew and that was filled by the next person on the waitlist. The
current wait list numbers are:
15’ spots – 13
20’ spots – 21
25’ spots – 56
30’ spots – 106
35’ spots – 74
40’ spots – 27
Wet spots – 102
PROJECT UPDATE:
Russ Ruskay gave a dry storage project update to the Board. Russ explained that Emily from
2GHO will be coming to the next meeting in December to discuss fence options for the dry
storage area. Russ was asking the Board for their recommendations for what to do about the
south side marina area. Does the Board want to keep the dry storage area on the south side or
remove that area per the Master plan to create 34-day parking spaces?
BOARD MEMBER COMMENTS:
Don Grill would like to know the dry storage wait list numbers for each size at the meetings.
Stephen stated that he will have that for them each meeting.
Chris Cantwell thinks that we have more space to use on the south side of the existing south
storage area to add more spaces if it can be done correctly.
Don Grill stated that we could get 30 more dry spots if we take out the grass area and Don had a
plan from another city that had a good layout. Don also thought that we need more than 20-day
parking spots.
Tim Hullihan stated that day parking is more important than extra storage is his opinion.
Bob Bell wants to use the grass area to max out the day parking.
Tim Hullihan explained that we are able to revise the Master Plan if we want and give the
designers our ideas for what we are looking for on the south side of the marina. Don agreed that
we should revise the Master Plan.
Paul Beach thinks that we should continue to use the south side storage area right now and use
the grass area for extra day time parking. He thinks that we should see how that works out
before making a decision on what to do on the south side. Bob Bell agreed that we should keep
the south storage and revise the Master Plan.
Tim Hullihan would like to keep the park the way it is and if you keep adding more storage then
you take away from the purpose of the park. Mia St. John agreed with Tim on his comment.
Recognize it’s a park and get input from the community.
Bob Bell stated that we do need to accommodate the boating residents and use the multi-use
grass area for events, parking, and storage.
Mia St. John explained that there is only a set number of boaters that use the park. Our storage
fees should be higher and set to market standards, which they are not right now. If the fees are
set higher than you might lose a lot of people on the wait list.
Maria Cassidy wants all the Board members to list their goals for the park by the next meeting.
She would like to go over that with everyone in December.
Tim Hullihan wants to make a motion in the future for recommendations we can send to
council. Tim wanted to make 2 things clear about this meeting.
o The Recreation Board is comfortable in looking at and revising the Master plan on the
south side of the marina storage area. The Board would like to the south side to
accommodate dry storage, day parking and events. They would like to see if the
designer can look at planning the area to accommodate all these items.
o The Recreation Board would also like a temporary plan for the south side area before
moving forward with the construction on the north side.
ADJOURNMENT:
Don Grill made a motion to adjourn the meeting; seconded by Bob Bell. Motion passed 7-0. Meeting
adjourned at 8:12 PM.
Minutes respectively submitted by Stephen Poh, Director of Parks and Recreation.
Attached also was recommendations that were emailed to Village Manager on November 12, 2020
Anchorage Park
South Side Dry Storage Question 11/ 12/2020
2 Recommendations from Rec. Board, one urgent, one not.
1. Train Wreck Coming:
a. Where are all the displaced boats and RVs going?
b. If staying in Archorage Park, we need a plan for that.
c. If relocated to a temp. off-site location, more trailer
parking will be needed.
d. Trailer parking:
30 to 40 now on a given Saturday (1/2 on grass)
Grows if Dry Storage moved off-site
10 of 20 existing removed during construction
e. When you solve the train wreck, the south side dry
storage question should answer itself through proper
planning and design.
2. Long-term, the master plan removes the SS dry storage in
favor of expanded trailer parking:
a. MP balances the 4 primary expectations of the park
boat/RV storage, ramp usage, festival hosting, and
daily park related usage by surrounding residents).
b. If the SS dry storage is a consideration for remaining,
the MP process should be revisited to insure a
balance between different use expectations is
maintained.
VILLAGE OF NORTH PALM BEACH
GOLF ADVISORY BOARD
Minutes of November 16, 2020
I. CALL TO ORDER
A. The meeting was held in the Village Council Chambers and was called to
order by Chairman Steve Mathison at 6:00 p.m.
II. ROLL CALL
A. Present: Absent:
Stephen Mathison – Chairman
Rich Pizzolato – Vice Chairman
Curtis Witters – Secretary
David Talley – Member
Jeff Irish – Member X
Jeff Egizio – Member
Landon Wells - Member
B. Staff Members Present:
Allan Bowman, Director of Golf
Beth Davis, General Manager X
Lenore Dingle, Membership Coordinator
C. Council Members Present:
No members of the Council were in attendance.
D. Public Present:
The meeting was conducted in Council Chambers so that ample space was
NPB Golf Advisory Board Minutes of November 16, 2020
available for the public to attend and speak on the subject of group play at
North Palm Beach Country Club.
Director of Golf, Allan Bowman, addressed the issue of group play. The club
has 30 tee times each day before lunch and requests for group play are filling
up the tee sheet. We have 210 members, and some are finding it difficult to
get a tee time, due to the demand for group play. We are experiencing
increased play at the Club, due in part to COVID and golf being a safe activity
in which people can participate.
Several of the public in attendance then spoke on the subject of group play at
North Palm Beach Country Club. Some of the speakers were attending on
behalf of the group in which they participate, and others spoke requesting that
they be allowed to form a group and obtain tee times for their proposed group.
One speaker advocated that Village residents should have priority due to
paying property taxes to support the golf course.
Director Bowman then pointed out that the golf course is financially self-
sustaining and is not supported by Village taxes.
All of the speakers praised the golf course and the work of Director Bowman
and his staff. The consensus of the public in attendance was that group play is
a good thing; it promotes both the sport of golf and friendship among golfers.
Several of the speakers pointed out that their group includes non-members of
the Club, which serves to widens the interest of the public in our facility.
The Board was asked for its comments. Several Board Members spoke and
thanked the public for attending the meeting. The Board Members suggested
2 | Page
NPB Golf Advisory Board Minutes of November 16, 2020
that our policy regarding group play must be equitable, striking a balance
between encouraging group play but ensuring that members of the Club are
able to obtain tee times as well.
Director Bowman thanked all that attended and emphasized that he would
work with the Golf Advisory Board to create a policy for group play at the
Club.
III. APPROVAL OF MEETING MINUTES
Minutes of the October 19, 2020 GAB Meeting were approved 6-0.
IV. ADMINISTRATIVE REPORTS
Golf Report. Allan Bowman, Director of Golf, delivered his report.
The bunker project has been successful but, due to weather, will now be suspended
stuntilMayof2021. The Club has received three feet of rain since October 1. We are
utilizing a pump on Hole 17 to lower the level of the pond. We plan to permanently
ththinstallapumpintheareaforwardofthe9and18 tees for use in controlling the
water levels in the ponds adjoining those holes.
Both golf play and revenue for the Club are up. In addition, the driving range is
experiencing very high use.
The Village Council approved 900 feet of curbing where needed on the cart paths.
This will assist in preventing washouts and allow grass to be maintained adjacent to
the paths. A new concrete pad for mats at the driving range is being poured as well.
Our Membership Director, Lenore Dingle is doing a great job. We currently have two
invitations outstanding to fill remaining membership openings. There are currently
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NPB Golf Advisory Board Minutes of November 16, 2020
150+ people on our waiting list. At the present time, 40 people have obtained
resident membership status.
Our membership is currently comprised of 60% Village residents and 40% non-
residents. Allan suggested that he is studying whether the percentage of Village
resident should be increased in future years.
V. DISCUSSION TOPICS
VI. ADJOURNMENT
The meeting was adjourned at 7:16 p.m.
The next meeting will be December 21, 2020.
Minutes by Curtis L. Witters, Secretary.
4 | Page
VILLAGE OF NORTH PALM BEACH
COUNTRY CLUB – GOLF OPERATIONS
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Allan Bowman, Head Golf Professional
DATE: January 14, 2021
SUBJECT: RESOLUTION – Approval of a Second Amendment to the Contract with BrightView Golf
Maintenance, Inc. for an Enhanced Fall/Winter/Spring Foliar Program at a cost of
$47,845.00
Village Staff is requesting Village Council approval a Second Amendment to the Golf Course Maintenance
Contract with BrightView Golf Maintenance, Inc. for the implementation of an Enhanced Foliar Program for
the County Club Golf Course over the next year. BrightView is the Village’s current golf course
maintenance provider, and this proposal was included as a “scope enhancement for consideration” in
response to the Village’s Request for Proposals.
Latitude36 is a very new grass and the Village continues to learn about its unique needs. The Foliar
Program was approved in the first year of the contract with BrightView, which resulted in excellent
agronomic conditions. Staff hypothesized that as the grass matured, the Enhanced Foliar Program would
not be required. That hypothesis has proven to be false. The record number of rounds of golf at the
Country Club combined with the compaction from single-rider carts (in accordance with COVID-19
protocol) has resulted in the need for soil enhancements.
This expenditure was not budgeted for FY 2021. A budget amendment will be prepared at year-end if
necessary.
Account Information:
Fund Department Project Account
Number
Account
Description Amount
Country
Club
Golf Course
Maintenance
Enhanced
Foliar Program L8045-33491 Contractual Service $47,845.00
Total $47,845.00
The attached Resolution and Second Amendment have been prepared and/or reviewed by the Village Attorney
for legal sufficiency
Recommendation:
Village Staff recommends Council consideration and adoption of the attached Resolution
approving a Second Amendment to the Golf Course Maintenance Contract with BrightView Golf
Maintenance, Inc. for an Enhanced Foliar Program for the next year at a cost not to exceed
$47,845.00, with funds expended from Account No. L8045-33491 (Golf Course Maintenance –
Contractual Services) and authorizing the Mayor and Village Clerk to execute the Second
Amendment in accordance with Village policies and procedures.
RESOLUTION 2021-___
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A SECOND AMENDMENT TO THE
GOLF COURSE MAINTENANCE CONTRACT WITH BRIGHTVIEW GOLF
MAINTENANCE, INC. TO IMPLEMENT AN ENHANCED FOLIAR PROGRAM
FOR AN ADDITIONAL YEAR AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 23, 2019, the Village entered into a Contract for Golf Course Maintenance
Services with BrightView Golf Maintenance, Inc. (“BrightView”); and
WHEREAS, in accordance with Article 19 of the Contract, the Village requested BrightView to
implement an Enhanced Foliar Program for an additional year in accordance with a proposal
submitted in response to the Village’s initial Request for Proposals; and
WHEREAS, the Village Council determines that the approval of the Second Amendment to the
Contract, including any waiver the Village’s purchasing policies and procedures, is in the best
interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves a Second Amendment to the Contract with
BrightView Golf Maintenance, Inc. for the Golf Course Maintenance Services, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Second Amendment on behalf of the Village. The total cost for the additional work set forth in the
Amendment shall not exceed $47,845.00, with funds expended from Account No. L8045-33491 (Golf
Course Maintenance – Contractual Services). Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby
repealed to the extent of such conflict. Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____ DAY OF _________________, 2020.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Page 1 of 2
SECOND AMENDMENT TO CONTRACT
This Second Amendment is made as of the _______ day of _____________, 2021, by and between
the VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as the VILLAGE, and BRIGHTVIEW
GOLF MAINTENANCE, INC., a California corporation authorized to do business in the State of
Florida, hereinafter referred to as CONTRACTOR, whose Federal I.D. is 95-2999239.
WHEREAS, the VILLAGE and CONTRACTOR executed a Contract for Golf Course
Maintenance Services dated May 23, 2019 (“Contract”); and
WHEREAS, on April 23, 2020, the VILLAGE and CONTRACTOR executed an Amendment to
the Contract (“Amendment”) to incorporate additional work and extend the term of the Contract;
and
WHEREAS, in accordance with Article 19 of the Contract, the VILLAGE requested
CONTRACTOR to implement an Enhanced Foliar Program for an additional year at the North
Palm Beach Country Club; and
WHEREAS, CONTRACTOR has agreed to implement the Enhanced Foliar Program in
accordance with its Proposal dated May 13, 2019, as outlined in its Scope Enhancements submitted
in response to the Village’s initial Request for Proposals; and
WHEREAS, the parties have agreed to amend the Contract to incorporate this additional work.
NOW, THEREFORE, in consideration of the mutual obligations set forth herein and the Contract,
as amended, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree to amend the Contract as follows:
1. Recitals
The foregoing recitals are ratified as true and correct and are incorporated herein.
2. Additional Work
CONTRACTOR shall implement an Enhanced Foliar Program for an additional one year
(“Additional Work”) as set forth in its Proposal dated May 13, 2019, a copy of which is attached
hereto and incorporated herein by reference. CONTRACTOR shall perform the Additional Work
to that degree of care and skill ordinarily exercised, under similar circumstances, by reputable
members of its vocation practicing in the same or similar locality at the time such services are
performed
3. Cost of Additional Work
The VILLAGE shall pay CONTRACTOR the sum of $47,845.00 for this Additional Work as
outlined in the CONTRACTOR’s Proposal.
Page 2 of 2
4. Conflicts
In the event of a conflict between this Second Amendment and the Contract, as amended, the terms
of this Second Amendment shall control. To the extent not expressly modified herein, all other
provisions of the Contract, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Amendment as of the day and year first above written.
CONTRACTOR:
BRIGHTVIEW GOLF MAINTENANCE, INC.
By:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
SUSAN BICKEL,
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN,
VILLAGE ATTORNEY
VILLAGE OF NORTH PALM BEACH
PUBLIC WORKS DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manager
FROM: Steven J. Hallock, Director of Public Works
DATE: January 14, 2021
SUBJECT: RESOLUTION Approving a Contract with Florida Blacktop Inc. for the West
Alleyway Pavement Rehabilitation project at a cost of $321,857.39
Due to the very poor condition of portions of the West Alleyway asphalt pavement and the importance of
this Alleyway to future redevelopment, Village Council approved Resolution 2020-36 on May 14, 2020
authorizing Village Staff to conduct an initial pavement assessment and base exploration that the Village
Engineer could use to design an appropriate project scope. This work is complete and the best project
scope has been determined to be Full Depth Reclamation (FDR).
Full Depth Reclamation Process:
FDR is a process that rebuilds worn out asphalt pavements by recycling the existing roadway. Old
asphalt and base materials are pulverized using a specialized machine called a reclaimer. On top of the
pulverized material, water is added to reach the optimal moisture content for compaction and then a
variety of materials, such as emulsified asphalt, cement and other additives, are incorporated for
stabilization. After shaping and grading, the new base is compacted to produce a strong, durable base
for the new asphalt pavement surface layer.
Since this method recycles the materials in situ, there is no need to haul in aggregate or haul out old
material for disposal. Additionally, since this is a moving operation, there is no need to completely close
the alley as traffic will be able to move in front of and behind construction , making this process more
convenient for local residents. FDR also saves money while preserving natural resources by using
existing materials and conserving virgin aggregates. The road performance is improved through better
stabilization, building a stronger, low-maintenance road that will last for many years. With proper
engineering and testing protocols, the FDR process provides a design life-cycle of 20+ years.
West Alleyway Project:
The Village issued an Invitation for Sealed Bids for the West Alleyway Pavement Rehabilitation project
on November 6, 2020. This solicitation was advertised in the Palm Beach Post, and was posted on both
the Village website and Demand Star, where it received wide distribution. Eight (8) vendors attended the
mandatory pre-bid meeting on November 24, 2020 held at the Public Works Complex. However, only
four (4) bids were received on December 10, 2020 for the bid opening.
Rank Vendor Cost
1 Florida Blacktop Inc. $321,857.39
2 R&D Paving $343,755.50
3 Municipal Contractors Inc. $366,842.50
4 CWR Contracting Inc. $445,670.00
Staff reviewed each proposal, including the price and availability to complete the work in a timely manner.
Florida Blacktop Inc. submitted the lowest, qualified proposal at a price of $321,857.39. Staff has had an
opportunity to check references for this company and is confident that Florida Blacktop is capable of
performing the required work. If Village Council approves the Contract with Florida Blacktop Inc., the
company is required to attain substantial completion within ninety (90) calendar days from the Village’s
issuance of a Notice to Proceed (NTP) and final completion within one hundred and ten (110) calendar
days from the Village’s issuance of the NTB.
There is $310,000 budgeted in the Capital Improvement Plan (CIP) for Asphalt Resurfacing in FY2021
utilizing Infrastructure Surtax dollars, and the CIP also has $310,000 budgeted each year for Asphalt
Resurfacing for the following four (4) years. The Infrastructure Surtax Committee recommended to Village
Council at its September 12, 2019 meeting to use any Infrastructure Surtax Fund balance to increase the
Asphalt Resurfacing budget and Village Council agreed. There are sufficient savings in the Surtax Fund
to cover the additional funds necessary for this project
Village Staff is recommending the following project budget:
Expenditure Cost
Engineering $45,725.00
Florida Blacktop Inc. $321,857.39
Construction Contingency (5%) $16,092.87
Total $383,675.26
The attached Resolution has been prepared by the Village Attorney.
Account Information:
Fund Department Account Number Account Description Amount
Infrastructure
Surtax
Public Works/Streets and
Grounds I7321-66210 Construction & Major
Renovation $321,857.39
Recommendation:
Village Staff requests Council consideration and approval of the attached Resolution approving
a Contract with Florida Blacktop Inc. for the West Alleyway Pavement Rehabilitation project in the
amount of $321,857.39, with funds expended from Account Number I7321-66210 (Public Works/
Streets & Grounds – Construction & Major Renovation), establishing a project budget exclusive
of engineering services of $337,950.26 and authorizing the Mayor and Village Clerk to execute the
Contract in accordance with Village policies and procedures.
RESOLUTION 2021-_____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A CONTRACT AWARD TO FLORIDA
BLACKTOP, INC. FOR THE WEST ALLEY WAY PAVEMENT
REHABILITATION PROJECT AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT ON BEHALF OF THE
VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village issued an Invitation to Bid for the West Alley Way Pavement Rehabilitation
Project; and
WHEREAS, the Village received four bids in response to the to the ITB, and Village Staff
recommended accepting the lowest, most qualified bid proposal submitted by Florida Blacktop, Inc.;
and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves a Contract with Florida Blacktop, Inc. for the
West Alley Way Pavement Rehabilitation Project in the amount of $321,857.39, with funds expended
from Account No. I7321-66210 (Surtax Fund – Public Works/Streets and Grounds – Construction
and Major Renovation). Including contingency, the total project budget shall be $337,950.26,
exclusive of engineering services. The Village Council further authorizes the Mayor and Village
Clerk to execute a contract for such services, a copy o f which is attached hereto and incorporated
herein.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS ____DAY OF ____________, 2021.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Contract -1-
CONTRACT
This Contract is made as of the _______ day of _____________, 2021, by and between the
VILLAGE OF NORTH PALM BEACH, a municipal corporation organized and existing under
the laws of the State of Florida, hereinafter referred to as VILLAGE, and FLORIDA BLACKTOP,
INC., a Florida corporation, hereinafter referred to as the CONTRACTOR, whose Federal I.D. is
59-2363756.
In consideration of the promises and mutual covenants herein contained, it is hereby agreed that
the CONTRACTOR shall provide to th e VILLAGE all goods and services requested under
Invitation to Bid for the West Alley Way Pavement Rehabilitation Project (“ITB”) and as further
stated in CONTRACTOR’s Bid Proposal and pursuant to the terms and conditions of this Contract.
ARTICLE 1. SERVICES OF THE CONTRACTOR.
A. The CONTRACTOR shall provide all goods and services as stated in the ITB and the
Scope of Work and Specifications referenced therein in accordance with the Bid Proposal
(hereinafter referred to as “Work”), which are incorporated herein by reference, to that degree of
care and skill ordinarily exercised, under similar circumstances, by reputable members of its
profession practicing in the same or similar locality at the time the Work is provided.
B. The Work provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract and upon written notice from the VILLAGE to proceed.
ARTICLE 2. PERIOD OF SERVICE.
This Contract and the provision of all Work hereunder shall be substantially completed by the
CONTRACTOR within ninety (90) calendar days of the Village’s issuance of a Notice to Proceed
and fully or one hundred percent (100%) completed within one hundred ten (110) calendar days
of the Village’s issuance of a Notice to Proceed or for such other period of time agreed to in writing
by the parties in accordance with the terms and conditions of the Contract Documents.
ARTICLE 3. CONTRACT DOCUMENTS
This Contract incorporates by reference all of the document set forth in the Invitation to Bid for
the West Alley Way Pavement Rehabilitation Project, including the General Conditions and
Terms, the Special Conditions and Terms and the Scope of Work and Specifications as if fully set
forth herein. These documents shall be construed in accordance with Section GC2 of the General
Conditions.
ARTICLE 4. VILLAGE’S REPRESENTATIVE.
Unless otherwise specified by the VILLAGE, the VILLAGE’s representative shall be the Public
Works Director.
Contract -2-
ARTICLE 5. COMPENSATION AND METHOD OF PAYMENT.
A. The VILLAGE agrees to compensate the CONTRACTOR in accordance with
CONTRACTOR’s Bid Proposal in response to the ITB. The total and cumulative amount of this
Contract shall not exceed Three Hundred and Twenty-One Thousand Eight Hundred and
Fifty-Seven Dollars and Thirty-Nine Cents ($321,857.39).
B. CONTRACTOR shall invoice the VILLAGE no more often than monthly on the form
provided as Exhibit “A” and include such information as requested in Exhibit “A”. Invoices
received from the CONTRACTOR pursuant to this Contract will be reviewed and approved by the
Project Engineer and/or the Village’s representative, indicating that the Work has been provided
and rendered in conformity with the Contract and then will be sent to the Finance Department for
payment. Invoices will normally be paid within thirty (30) days following the VILLAGE’s
approval.
C. Work undertaken or expenses incurred that exceeds an amount set forth in this Contract
without prior written authorization from the VILLAGE shall be the liability of the
CONTRACTOR.
D. CONTRACTOR waives consequential or incidental damages for claims, disputes or other
matters in question arising out of or relating to this Contract.
E. In order for both parties herein to close their books and records, CONTRACTOR will
clearly state “final invoice” on the CONTRACTOR’s final/last billing to the VILLAGE. This
certifies that all Work has been properly performed and all charges have been invoiced to the
VILLAGE. Since this account will thereupon be closed, any and other further charges if not
properly included in this final invoice are waived by the CONTRACTOR. The VILLAGE wil l
not be liable for any invoice from the CONTRACTOR submitted thirty (30) days after the
provision of the Work.
ARTICLE 6. USE OF DOCUMENTS.
A. All documents, including but not limited to drawings, specifications, plans, reports, other
items and data or programs stored electronically (collectively referred to as “Documents”
hereafter), prepared by the CONTRACTOR and CONTRACTOR’s sub-contractors under this
Contract shall be considered a “Work for Hire” and the exclusive property of the VILLAGE. To
the extent such Documents may not be deemed a “Work for Hire” under applicable law,
CONTRACTOR and CONTRACTOR’s sub-contractors will assign to VILLAGE all right, title
and interest in and to CONTRACTOR’s and/or CONTRACTOR’s sub-contractors’ copyright(s)
for such Documents. CONTRACTOR shall execute and deliver to VILLAGE such instruments
of transfer and take such other action that VILLAGE may reasonably request, including, without
limitation, executing and filing, at VILLAGE’s expense, copyright applications, assignments and
other documents required for the protection of VILLAGE’s right to such Documents. The
CONTRACTOR shall retain copies of the Documents for a period of three (3) years from the date
of completion of the Project. The VILLAGE grants to the CONTRACTOR and CONTRACTOR’s
sub-contractors the right and/or limited license to use a portion of the Documents prepared by the
CONTRACTOR or the CONTRACTOR’s sub-contractors in future projects of the
CONTRACTOR or the CONTRACTOR’s sub-contractors with said right and/or limited license
Contract -3-
to use a portion at CONTRACTOR’s or CONTRACTOR’s sub-contractor’s own risk and without
any liability to VILLAGE.
B. Any modifications made by the VILLAGE to any of the CONTRACTOR’s Documents, or
any use, partial use or reuse of the Documents without written authorization or adaptation by the
CONTRACTOR will be at the VILLAGE's sole risk and without liability to the CONTRACTOR.
Any electronic files not containing an electronic seal are provided only for the convenience of the
VILLAGE, and use of them is at the VILLAGE’s sole risk.
ARTICLE 7. INDEMNIFICATION.
A. To the fullest extent permitted by applicable laws and regulations, the CONTRACTOR
shall indemnify and save harmless and defend the VILLAGE, its officials, agents, s ervants, and
employees from and against any and all claims, liability, losses, and/or causes of action arising out
of or in any way related to the services furnished by the CONTRACTOR pursuant to this Contract,
including, but not limited to, those caused by or arising out of any act, omission, negligence or
default of the CONTRACTOR and/or its subcontractors, agents, servants or employees.
B. CONTRACTOR shall not be required to indemnify the VILLAGE, its officials, agents,
servants and employees when the occurrence results solely from the wrongful acts or omissions of
the VILLAGE, its officials, agents, servants and employees. The terms of this Section shall
survive completion of all services, obligations and duties provided for in this Contract as well as
the termination of this Agreement for any reason.
C. Nothing contained in this Contract shall create a contractual relationship with or a cause of
action in favor of a third party against either the VILLAGE or CONTRACTOR, nor shall this
Contract be construed a waiver of sovereign immunity beyond the waiver provided in § 768.28,
Florida Statutes.
ARTICLE 8. PERSONNEL.
A. The CONTRACTOR represents that it has, or will secure at its own expense, all necessary
personnel required to perform the Work under this Contract. Such personnel shall not be
employees of or have any contractual relationship with the VILLAGE.
B. All of the Work required hereunder shall be performed by the CONTRACTOR or under
its supervision, and all personnel engaged in performing the Work (including subcontractors) shall
be fully qualified and, if required, authorized or permitted under state and local law to perform
such Work.
C. All of the CONTRACTOR’s personnel (and all subcontractors) while on VILLAGE
premises, will comply with all applicable requirements governing conduct, safety, and security,
provided, however, that CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work. All personnel
working on VILLAGE park property in any capacity shall meet the same background requirements
as VILLAGE employees. Should the VILLAGE discover that any person employed or retained
by CONTRACTOR or any Subcontractor does not meet such requirements, the VILLAGE may
request that such person be removed from VILLAGE property and CONTRACTOR shall comply
Contract -4-
with any such request.
ARTICLE 9. TERMINATION.
This Contract may be cancelled by the CONTRACTOR upon ten (10) days prior written notice to
the VILLAGE’s representative in the event of substantial failure by the VILLAGE to perform in
accordance with the terms of this Contract through no fault of the CONTRACTOR. It may also
be terminated, in whole or in part, by the VILLAGE, with or without cause, upon ten (10) days
written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract,
the CONTRACTOR shall be paid for Work rendered to the VILLAGE’s satisfaction through the
date of termination. After receipt of a Termination Notice and except as otherwise directed by the
VILLAGE, the CONTRACTOR shall:
A. Stop work on the date and to the extent specified;
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work;
C. Transfer all work in progress, completed work, and other materials related to the terminated
work to the VILLAGE; and
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 10. INSURANCE.
Prior to commencing any Work, the CONTRACTOR shall provide certificates evidencing
insurance coverage as required in the Invitation to Bid. All insurance, other than Worker’s
Compensation, to be maintained by the CONTRACTOR shall specifically include the VILLAGE
as an Additional Insured.
ARTICLE 11. SUCCESSORS AND ASSIGNS.
The VILLAGE and the CONTRACTOR each binds itself and its partners, successors, executors,
administrators, and assigns to the other party of this Contract and to the partners, successors,
executors, administrators and assigns of such other party, in respect to all covenants of this
Contract. Except as above, neither the VILLAGE nor the CONTRACTOR shall assi gn, sublet,
convey or transfer its interest in this Contract without the written consent of the other. Nothing
herein shall be construed as creating any personal liability on the part of any officer or agent of the
VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits
hereunder to anyone other than the VILLAGE and the CONTRACTOR.
ARTICLE 12. ACCESS AND AUDITS.
The CONTRACTOR shall maintain adequate records to justify all charges, expenses, and costs
incurred in estimating and performing the Work for at least three (3) years after completion of this
Contract. The VILLAGE shall have access to such books, records, and documents as required in
this ARTICLE for the purpose of inspection or audit during normal business hours, at the
CONTRACTOR’s place of business. In no circumstances will CONTRACTOR be required to
Contract -5-
disclose any confidential or proprietary information regarding its products and service costs.
ARTICLE 13. ENFORCEMENT COSTS.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because
of an alleged dispute, breach, default or misrepresentation in connection with any provisions of
this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable
attorney’s fees, court costs and all expenses (including taxes) even if not taxable as court awarded
costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred
in that action or proceeding, in addition to any other relief to which such party or parties may be
entitled.
ARTICLE 14. REMEDIES.
A. No remedy herein conferred upon any party is intended to be exclusive of any other
remedy, and each and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder
shall preclude any other or further exercise thereof.
B. The VILLAGE and CONTRACTOR knowingly, voluntarily and intentionally waive
any right they may have to trial by jury with respect to any litigation arising out of or in
connection with this Contract.
ARTICLE 15. NOTICE.
All notices required in this Contract shall be sent by certified mail, return receipt requested, and if
sent to the VILLAGE shall be mailed to:
Village of North Palm Beach
Andrew Lukasik Village Manager
Village Hall
501 U.S. Highway One
North Palm Beach, FL 33408
and if sent to the CONTRACTOR shall be mailed to:
Florida Blacktop, Inc.
Elias Shaouy, President
1287 West Atlantic Boulevard
Pompano Beach, FL 33069
The foregoing names and addresses may be changed if such change is provided in writing to the
other party.
ARTICLE 16. ENTIRETY OF CONTRACTUAL AGREEMENT.
The VILLAGE and the CONTRACTOR agree that this Contract, including all documents
Contract -6-
referenced herein, sets forth the entire agreement between the parties, and that there are no
promises or understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Contract may be added to, modified, superseded or otherwise altered,
except by written instrument executed by the parties hereto.
ARTICLE 17. TERMINOLOGY AND CAPTIONS.
All pronouns, singular, plural, masculine, feminine or neuter, shall mean and include the person,
entity, firm or corporation to which they relate as the context may require. Wherever the context
may require, the singular shall mean and include the plural and the plural shall mean and include
the singular. The term “Contract” as used herein, as well as the terms “herein”, “hereof”,
“hereunder”, “hereinafter” and the like mean this Contract in its entirety and all exhibits,
amendments and addenda attached hereto and made a part hereof. The captions and paragraph
headings are for reference and convenience only and do not enter into or become a part of the
context of this Contract, nor shall such headings affect the meaning or interpretation of this
Contract.
ARTICLE 18. PREPARATION.
This Contract shall not be construed more strongly against either party regardless of who was more
responsible for its preparation.
ARTICLE 19. MATERIALITY.
All provisions of the Contract shall be deemed material. In the event CONTRACTOR fails to
comply with any of the provisions contained in this Contract or exhibits, amendments and addenda
attached hereto, said failure shall be deemed a material breach of this Contract and VILLAGE may
at its option and without notice terminate this Contract.
ARTICLE 20. EXHIBITS AND CONTRACT DOCUMENTS.
All exhibits and other documents referred to in this Contract form an essential part of this Contract.
The exhibits and other documents, if not physically attached, should be treated as part of this
Contract and are incorporated herein by reference.
ARTICLE 21. LEGAL EFFECT.
This Contract shall not become binding and effective until approved by the Village Council of the
Village of North Palm Beach.
ARTICLE 22. SURVIVABILITY.
Any provision of this Contract which is of a continuing nature or imposes an obligation which
extends beyond the term of this Contract shall survive its expiration or earlier termination.
ARTICLE 23. WAIVER OF SUBROGATION.
CONTRACTOR hereby waives any and all rights to Subrogation against the VILLAGE, its
Contract -7-
officers, employees and agents for each required policy. When required by the insurer, or should
a policy condition not permit an insured to enter into a pre-loss agreement to waive subrogation
without an endorsement, then CONTRACTOR shall agree to notify the insurer and request the
policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its
equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a
condition to the policy specifically prohibits such an endorsement, or voids coverage should
CONTRACTOR enter into such an agreement on a pre-loss basis.
ARTICLE 24. REPRESENTATIONS/BINDING AUTHORITY.
The persons executing this Contract represent that they have the full power, authority and legal
right to execute and deliver this Contract and perform all of its obligations under this Contract.
ARTICLE 25. INSPECTOR GENERAL
CONTRACTOR is aware that the Inspector General of Palm Beach County has the authority to
investigate and audit matters relating to the negotiation and performance of this Contract, and in
furtherance thereof, may demand and obtain records and testimony from CONTRACTOR and its
subcontractors. CONTRACTOR understands and agrees that in addition to all other remedies and
consequences provided by law, the failure of CONTRACTOR or its subcontractors to fully
cooperate with the Inspector General when requested may be deemed by the VILLAGE to be a
material breach of the Contract Documents justifying termination.
ARTICLE 26. PUBLIC RECORDS.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (561) 841-3355;
NPBCLERK@VILLAGE-NPB.ORG; OR 501 U.S. HIGHWAY ONE, NORTH
PALM BEACH, FL 33408.
In performing services pursuant to this Contract, CONTRACTOR shall comply with all relevant
provisions of Chapter 119, Florida Statutes. As required by Section 119.0701, Florida Statutes,
CONTRACTOR shall:
1. Keep and maintain public records required by the VILLAGE to perform the service.
2. Upon request from the VILLAGE’s custodian of public records, provide the VILLAGE
with a copy the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119, Flori da
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the Contract term and following completion of the Contract if the CONTRACTOR does
not transfer the records to the VILLAGE.
Contract -8-
4. Upon completion of the Contract, transfer, at no cost, to the VILLAGE all public records
in possession of CONTRACTOR or keep and maintain public records required by the
VILLAGE to perform the services. If CONTRACTOR transfers all public records to the
VILLAGE upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of
the Contract, CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the VILLAGE, upon request
from the VILLAGE’s custodian of public records, in a format that is compatible with the
information technology systems of the VILLAGE.
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and executed
this Contract as of the day and year first above written.
CONTRACTOR:
FLORIDA BLACKTOP, INC.
BY:
Print Name:
Title:_____________________________
VILLAGE OF NORTH PALM BEACH
BY: ________________________________
SUSAN BICKEL
MAYOR
ATTEST:
BY:________________________________
JESSICA GREEN
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY: ________________________________
LEONARD G. RUBIN
VILLAGE ATTORNEY
EXHIBIT “A”
INVOICE FORM AND REQUIREMENTS
(FORM ATTACHED)
APPLICATION FOR PAYMENT NO. ________
To: VILLAGE OF NORTH PALM BEACH (OWNER)
From: _________________________________
Contract: West Alley Way Pavement Rehabilitation Project
For Work accomplished through the date of: , 2021. 1. Original Contract Price: $_________________ 2. Net change by Change Orders and Written Amendments (+ or -): $_________________ 3. Current Contract Price (1 plus 2): $_________________ 4. Total completed and stored to date: $_________________ 5. Retainage (per Agreement): Five percent (5%) of completed Work, material and equipment purchased: $_________________ 6. Total completed and stored to date less retainage (4 minus 5): $_________________ 7. Less previous Application for Payments: $_________________ 8. DUE THIS APPLICATION (6 MINUS 7): $_________________ Accompanying Documentation:
CONTRACTOR'S Certification: The undersigned CONTRACTOR certifies that (1) all
previous progress payments received from OWNER on account of Work done and goods
purchased under the Contract referred to above have been applied on account to discharge
CONTRACTOR’s legitimate obligations incurred in connection with Work, materials and
equipment covered by prior Applications for Payment numbered 1 through _____ inclusive; (2)
title of all Work, materials and equipment incorporated in said Work or otherwise listed in or
covered by this Application for Payment will pass to OWNER at time of payment free and clear
of all Liens, security interests and encumbrances, and (3) all Work, materials and equipment
covered by this Application for Payment are in accordance with the Contract Documents and not
defective.
Dated ____________________________ By: _____________________________________
Contractor
State of ______________________________
County of ____________________________
Subscribed and sworn to before me this _____
day of __________________, 2021
____________________________________
Notary Public
My Commission expires: _____________________
Payment of the above AMOUNT DUE THIS APPLICATION is recommended.
Dated ___________________________ By: _____________________________________
US1 Bridge Design
The Citizen’s
Master Plan
2016
Prosperity Farms
Road Bridge
US One Bridge
Earman River
The NPB Bridge Streetscapes
The Bridges
U.S. Highway 1
Existing Conditions
U.S. Highway 1
Existing Conditions
Looking East
U.S. Highway 1
Existing Conditions
Looking West
11’4” shared path
4’ shoulder
Bridge Height raised about 18”
In addition to continual
right hand turn lane from
Anchorage Drive South
to Northlake, FDOT will
provide a second right
hand turn lane after the
bridge as part of this
project.
The existing median will
be shifted to the east but
is anticipated to remain
at 4’ wide.
U.S. Highway 1
15’6” high, 11’6’ wide
15’6” high, 11’6’ wide6”
high, 11’6’ all
11’5” high, 9’5” wide
Railing Detail
Railings for the two bridges will be similar to the FDOT
decorative railing of the Parker Bridge
Light Standards
Pedestrian Underpass
FDOT allowing structural
improvements only as part of
the bridge project.
Cost ranges from $260,000 to
$560,000, depending upon
the methodology used.
This cost does not include the
walkway surface, railing,
lighting, etc.
$430,000 for both of the
structures to connect from
the underpass to the adjacent
properties.
Upland path at $24/sf:
Rex & Rex: $72,960
IHOP: $42,240
Pedestrian Underpass
New: Floating Dock Concept
Concept being
reviewed by FDOT.
Blue = piling to be
installed during
bridge construction.
Red = future
floating pedestrian
structure.
Pilings: $20k-$24k
Structure: $70k
•Design to be completed in calendar year 2021
•Construction in 2022. 18 months to construct.
•Village CIP --$200,000 from infrastructure surtax funds allocated in FY
2021
•Project letting by FDOT –December 2022
•Construction –begins March 2023
•Village CIP –anticipates grant funding
Bridges