01-11-2024 VC REG-A with attachments
VILLAGE OF NORTH PALM BEACH
REGULAR SESSION AGENDA
VILLAGE HALL COUNCIL CHAMBERS THURSDAY, JANUARY 11, 2024
501 U.S. HIGHWAY 1 7:00 PM
Susan Bickel Deborah Searcy Judy Pierman Karen Marcus Vacant
Mayor Vice Mayor President Pro Tem Councilmember Councilmember
Chuck Huff Leonard G. Rubin Jessica Green
Village Manager Village Attorney Village Clerk
INSTRUCTIONS FOR “WATCH LIVE” MEETING
To watch the meeting live please go to our website page (link provided below) and click the “Watch
Live” link provided on the webpage:
https://www.village-npb.org/CivicAlerts.aspx?AID=496
ROLL CALL
INVOCATION - MAYOR
PLEDGE OF ALLEGIANCE - VICE MAYOR
ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA
APPROVAL OF MINUTES
1. Minutes of the Regular Session held December 14, 2023
2. Minutes of the Special Session held December 21, 2023
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 (on the table at back of Council Chambers) and
submit it to the Village Clerk prior to the beginning of the meeting.
Regular Session Agenda, January 11, 2024 Page 2 of 2
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.
3. MOTION to grant a merit increase of 4.1% to the Village Clerk based upon the averaged score of
the performance evaluations and directing the Village to process same.
4. RESOLUTION – Approving an Amendment to the Professional Services Agreement with Chen
Moore & Associates, Inc. to increase the total amount of compensation in an amount not to exceed
$80,000 for Fiscal Year 2024; and authorizing execution of the Amendment.
5. RESOLUTION – Amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2024
Budget to convert two part-time Building Construction Inspector positions to one full-time Senior
Building Construction Inspector position.
6. Receive for file Minutes of the Recreation Advisory Board meeting held 11/14/2023.
DECLARATION OF EX PARTE COMMUNICATIONS
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
7. 1ST READING OF ORDINANCE 2024-01 – ADOPTING ADMINISTRATIVE AMENDMENTS TO
VILLAGE CODE Consider a motion to adopt on first reading Ordinance 2024-01 adopting
Administrative Amendments to the 8th (2023) Edition of the Florida Building Code.
8. 1ST READING OF ORDINANCE 2024-02 – CODE AMENDMENT – VOLUME AND MASSING
REGULATIONS FOR SINGLE-FAMILY DWELLINGS Consider a motion to adopt on first reading
Ordinance 2024-02 amending Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances
to readopt certain regulations relating to the volume and massing of single-family dwellings;
amending Section 45-27, "R-1 Single Family Dwelling District," to require additional setbacks for
second stories, limit the floor area of the second story, and prohibit blank walls.
OTHER VILLAGE BUSINESS MATTERS
9. RESOLUTION – POLICE DEPARTMENT BOAT PURCHASE Consider a motion to adopt a
resolution approving the purchase of a Fluid Watercraft Patrol Boat from Sirocco Marine LLC to
replace the Police Department's Marine 1 Patrol Boat and the purchase of two Suzuki outboard
engines from Nick's Creative Marine, Inc. at total expenditure of $207,389; and waiving the Village's
purchasing policies.
COUNCIL AND ADMINISTRATION MATTERS
MAYOR AND COUNCIL MATTERS/REPORTS
VILLAGE MANAGER MATTERS/REPORTS
10. Police Department 2023 Annual Report
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 14, 2023
Present: David B. Norris, Mayor
Susan Bickel, Vice Mayor
Mark Mullinix, Councilmember
Deborah Searcy, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Mayor Norris called the meeting to order at 7:00 p.m. All members of Council were present. All
members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Norris gave the invocation and Vice Mayor Bickel led the public in the Pledge.
APPROVAL OF MINUTES
The Minutes of the Regular Session held October 26, 2023 and the Minutes of the Special Session
held November 15, 2023 were approved as written.
STATEMENTS FROM THE PUBLIC
Mayor Norris read into the record a public comment received from Eric Talbott, 509 Greenway
Drive. In his comment Mr. Talbott expressed his concerns regarding a new fence that was installed
on the Village’s golf course driving range. Mr. Talbott gave recommendations for replacing the
fence to make it more cosmetically appealing.
Chris Ryder, 118 Dory Road S, expressed concern regarding zoning code changes that related to
the the proposed 200 Yacht Club project and changes to the Planning, Zoning and Adjustment
Board’s agenda the day before its November 14th meeting.
John Samadi, 512 Marlin Road, expressed safety concerns regarding black mildew on Village
sidewalks.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 2 of 11
STATEMENTS FROM THE PUBLIC continued
Lisa Interlandi, 150 Anchorage Drive, S, expressed her support of the Perseverance Basketball
Youth Basketball League and recommended that the age groups for participation be expanded.
Deborah Cross, 2560 Pepperwood Circle S, expressed concern that the water service main at the
Country Club was already being replaced since the new Country Club was recently built.
Mr. Huff explained that the water service main that was being replaced was the water main to the
existing maintenance barn that was north of the Tennis Center and had not been replaced since the
1960’s or 1970’s.
CONSENT AGENDA APPROVED
Councilmember Mullinix moved to approve the Consent Agenda. Vice Mayor Bickel seconded
the motion, which passed unanimously. The following items were approved:
Resolution approving an Agreement for Vote Processing Equipment use and Elections
Services with the Palm Beach County Supervisor of Elections; and authorizing execution
of the Agreement.
Resolution approving a Combined Operational Assistance and Voluntary Cooperation
Mutual Aid Agreement for Palm Beach County Law Enforcement Agencies; and
authorizing the Mayor, Village Manager and Police Chief to execute the Agreement on
behalf of the Village.
Resolution approving a Contract with Perseverance Basketball, LLC to run and staff the
Village’s Spring Youth Basketball League at a total amount estimated to be between
$30,000 and $37,000; and authorizing execution of the Contract.
Resolution accepting the proposal of Eastern Pipeline Construction, Inc. for the
replacement of a water service main at the North Palm Beach Country Club at a total cost
of $46,000; and authorizing execution of the Contract.
Resolution approving Amendment Number One to the Locally Funded Agreement with the
State of Florida Department of Transportation to provide additional funding for the project
in the amount of $6,365 to cover the cost of certain improvements related to the
replacement of the U.S. Highway One bridge over the Earman River; and authorizing
execution of the Amendment.
Resolution approving an Agreement with Flock Group, Inc. for the Flock Safety License
Plate Recognition System at a total cost not to exceed $53,200; and authorizing execution
of the Agreement.
Resolution accepting the proposal of Hinterland Group, Inc. for the milling and resurfacing
of Fairhaven Place at a total cost of $43,200; and authorizing execution of the Contract.
Resolution accepting the proposal of J.W. Cheatham, LLC for improvements to the
intersection of Lighthouse Drive and Juniper Drive at a total cost of $27,825; and
authorizing execution of the Contract.
Receive for file Minutes of the Residential Ad-Hoc Committee meeting held 9/12/23.
Receive for file Minutes of the Planning Commission meeting held 9/12/23.
Receive for file Minutes of the Waterways Advisory Board meeting held 9/26/23.
Receive for file Minutes of the Planning Commission meeting held 10/3/23.
Receive for file Minutes of the Waterways Advisory Board meeting held 11/2/23.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 3 of 11
PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS
PUBLIC HEARING AND SECOND READING OF ORDINANCES 2023-21, 2023-22 AND
2023-23 – ANNEXATION OF THREE UNICORPORATED AREAS
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2023-21 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ANNEXING A CONTIGUOUS AND COMPACT AREA OF REAL
PROPERTY LOCATED IN UNINCORPORATED PALM BEACH COUNTY COMPRISED OF
APPROXIMATELY 63 ACRES LOCATED EAST OF U.S. HIGHWAY ONE AND NORTH
AND SOUTH OF JACK NICKLAUS DRIVE AND COMMONLY KNOWN AS PORTAGE
LANDING NORTH, PORTAGE LANDING SOUTH, AND HIDDEN KEY, AS MORE
PARTICULARLY DESCRIBED HEREIN, PURSUANT TO SECTION 171.0413, FLORIDA
STATUTES; AMENDING ARTICLE II OF THE VILLAGE CHARTER TO REDEFINE THE
TERRITORIAL BOUNDARIES OF THE VILLAGE; SUBMITTING THE ANNEXATION TO
A REFERENDUM VOTE OF THE REGISTERED ELECTORS RESIDING WITHIN THE
AREA PROPOSED FOR ANNEXATION; PROVIDING FOR TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF STATE AND ALL OTHER REQUIRED AGENCIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR A REPEALER; AND FOR OTHER PURPOSES.
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2023-22 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ANNEXING A CONTIGUOUS AND COMPACT AREA OF REAL
PROPERTY LOCATED IN UNINCORPORATED PALM BEACH COUNTY COMPRISED OF
APPROXIMATELY 14 ACRES LOCATED WEST OF ELLISON WILSON ROAD AND
NORTH OF MCLAREN ROAD AND EXTENDING TO THE EXISTING BOUNDARY OF
THE CITY OF PALM BEACH GARDENS, AS MORE PARTICULARLY DESCRIBED
HEREIN, PURSUANT TO SECTION 171.0413, FLORIDA STATUTES; AMENDING
ARTICLE II OF THE VILLAGE CHARTER TO REDEFINE THE TERRITORIAL
BOUNDARIES OF THE VILLAGE; SUBMITTING THE ANNEXATION TO A
REFERENDUM VOTE OF THE REGISTERED ELECTORS RESIDING WITHIN THE AREA
PROPOSED FOR ANNEXATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF STATE AND ALL REQUIRED AGENCIES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A REPEALER; AND FOR OTHER PURPOSES.
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
and enact on second reading Ordinance 2023-23 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, ANNEXING A CONTIGUOUS AND COMPACT AREA OF REAL
PROPERTY LOCATED IN UNINCORPORATED PALM BEACH COUNTY COMPRISED OF
APPROXIMATELY 17 ACRES LOCATED EAST OF PROSPERITY FARMS ROAD, NORTH
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 4 of 11
PUBLIC HEARING AND SECOND READING OF ORDINANCES 2023-21, 2023-22 AND
2023-23 – ANNEXATION OF THREE UNICORPORATED AREAS continued
OF CANAL ROAD AND SOUTH OF PGA BOULEVARD INCLUDING PIRATE’S COVE
AND ADJACENT PARCELS LOCATED ON CANAL ROAD AND EASY STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO SECTION 171.0413,
FLORIDA STATUTES; AMENDING ARTICLE II OF THE VILLAGE CHARTER TO
REDEFINE THE TERRITORIAL BOUNDARIES OF THE VILLAGE; SUBMITTING THE
ANNEXATION TO A REFERENDUM VOTE OF THE REGISTERED ELECTORS RESIDING
WITHIN THE AREA PROPOSED FOR ANNEXATION; PROVIDING FOR TRANSMITTAL
TO THE FLORIDA DEPARTMENT OF STATE AND ALL REQUIRED AGENCIES;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR A REPEALER; AND FOR OTHER PURPOSES.
Mr. Rubin gave an explanation and purpose of the three (3) annexation ordinances. Mr. Rubin
discussed and explained the three (3) areas that were being considered for annexation. Area 1 was
Portage Landing and Hidden Key, Area 2 was Ellison Wilson Road and Area 3 was Pirates
Cove/Canal Road. Mr. Rubin explained that once Council adopts the ordinances on second and final
reading, a referendum question will be placed on the ballot for the March 19, 2024 Village’s
general election. Per the request of the Supervisor of Elections and in order to be included on the
property tax roll for 2025, the effective date of the annexation would be December 1, 2024
Mr. Huff gave a presentation explaining the proposed annexation by presenting a map of the areas
that were being considered.
Mayor Norris opened the public hearing for Ordinances 2023-21, 2023-22, and 2023-23.
Joshua Mendelson, 1929 Portage Landing N, addressed the Council with his concerns regarding
the areas for proposed annexation and a letter he received from the City of Palm Beach Gardens.
Mr. Huff addressed Mr. Mendelson’s concerns and answered his questions regarding proposed
costs and taxes if annexation occurred with either the Village or the City of Palm Beach Gardens.
Discussion ensued between Mr. Huff, Councilmembers and Mr. Mendelson regarding proposed
property taxes and costs for services.
There being no further comments from the public, Mayor Norris closed the public hearing.
Thereafter the motion to adopt and enact on second reading Ordinance 2023-21 passed unanimously.
Thereafter the motion to adopt and enact on second reading Ordinance 2023-22 passed unanimously.
Thereafter the motion adopt and enact on second reading Ordinance 2023-23 passed unanimously.
Vice Mayor Bickel excused herself from the meeting at 7:31 p.m. to call her daughter who just
informed her that she was accepted into Harvard University.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 5 of 11
DECLARATION OF EX PARTE COMMUNICATIONS
There were no ex-parte communications declared for the following item.
RESOLUTION 2023-104 – MINOR PUD AMENDMENT
A motion was made by Councilmember Mullinix and seconded by Councilmember Searcy to adopt
Resolution 2023-104 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A MINOR AMENDMENT TO THE MEMORY CARE
COMMERCIAL PLANNED UNIT DEVELOPMENT FOR THE INSTALLATION OF AN
ALUMINUM CANOPY OVER THE OUTDOOR SEATING AREA, THE INSTALLATION OF
FIVE CHIMNEY STACKS, AND THE INSTALLATION OF A WALL SIGN ON THE EAST
FAÇADE OF THE COMMERCIAL OUTPARCEL BUILDING; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Community Development Director Caryn Gardner-Young discussed and explained the purpose of
the amendment and the details of the request of the applicant.
Vice Mayor Bickel returned to the meeting at 7:35 p.m.
Donaldson Hearing of Cotleur & Hearing began a presentation on behalf of Mr. Desano the
applicant. Mr. Hearing presented slides showing the conceptual plans of the proposed aluminum
canopy, five (5) chimney stacks and wall sign installation.
Russell Beverstein, 415 U.S. Highway 1, asked questions and expressed concerns regarding the
additions to the planned unit development that were requested by the applicant.
Mr. Hearing answered Mr. Beverstein’s questions and addressed his concerns.
Deborah Cross, 2560 Pepperwood Circle S, expressed concern that the signage request did not go
to the Planning Commission for approval first.
Mr. Rubin explained that since the request was for a minor planned unit development, the request
can go directly to Council for approval it was not required to go the Planning Commission.
Thereafter the motion to adopt Resolution 2023-104 passed unanimously.
RESOLUTION 2023-105 – AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
A motion was made by Councilmember Searcy and seconded by Vice Mayor Bickel to adopt
Resolution 2023-105 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING AN AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH WGI, INC. TO INCREASE THE TOTAL AMOUNT OF
COMPENSATION FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 6 of 11
RESOLUTION 2023-105 – AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
continued
Mrs. Gardner-Young explained that WGI, Inc.’s initial agreement was capped at $50,000 and that
Council had requested that WGI, Inc. perform the required feasibility study for the proposed
annexation. The total amount for the work completed for the proposed annexation totaled
$63,000.37 therefore necessitating an amendment to the agreement to increase WGI’s
compensation for additional projects that the Village was considering through the rest of the year.
Thereafter the motion to adopt Resolution 2023-105 passed unanimously.
RESOLUTION 2023-106 – HERITAGE DAY RIDES, AMUSEMENTS AND CONCESSIONS CONTRACT
A motion was made by Vice Mayor Bickel and seconded by Councilmember Mullinix to adopt
Resolution 2023-106 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL SUBMITTED BY BIG FUN, INC. TO
PROVIDE RIDES, AMUSEMENTS, AND CONCESSIONS FOR HERITAGE DAY 2024
THROUGH 2026 AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A CONTRACT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Huff stated that through the Request for Proposal process only one (1) bid was received from
Big Fun, Inc. who had previously provided rides for past Heritage Day events. The scope of work
included eleven (11) carnival rides, several amusements (games) and a couple of concession
stands. The contract would have a yearly renewal option to renew up to two (2) more years. The
total cost of the contract was for $85,050.
Councilmember Searcy asked how many rides were for older children or teenagers.
Mr. Huff stated that he would get clarification on the rides.
Mr. Rubin explained that there was flexibility in the contract to change the rides.
Thereafter the motion to adopt Resolution 2023-106 passed unanimously.
RESOLUTION 2023-107 – BLANKET PURCHASE ORDER FOR MISCELLANEOUS
LANDSCAPING AND GROUND MAINTENANCE SERVICES
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-107 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA APPROVING A FISCAL YEAR 2024 BLANKET PURCHASE ORDER
WITH PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. IN AN
AMOUNT NOT TO EXCEED $150,000.00 FOR MISCELLANEOUS LANDSCAPING AND
GROUNDS MAINTENANCE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 7 of 11
RESOLUTION 2023-107 – BLANKET PURCHASE ORDER FOR MISCELLANEOUS
LANDSCAPING AND GROUND MAINTENANCE SERVICES continued
Deputy Village Manager Samia Janjua explained that since Precision Landscape Company of Palm
Beach County, Inc. was the Village’s landscape contractor, various Departments reach out to the
contractor for additional projects throughout the year as the need arises. Due to these various
needs a blanket purchase order in the amount not to exceed $150,000 was necessary to provide for
these miscellaneous landscaping and grounds maintenance services.
Thereafter the motion to adopt Resolution 2023-107 passed unanimously.
RESOLUTION 2023-108 – FY 2024 CIP PURCHASE – PUBLIC WORKS VEHICLE REPLACEMENT
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-108 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING THE PURCHASE OF ONE 2024 FORD F250 FROM
DUVAL FORD PURSUANT TO PRICING ESTABLISHED IN AN EXISTING FLORIDA
SHERIFF’S ASSOCIATION CONTRACT AND ONE 2024 CHEVROLET COLORADO
PURSUANT TO PRICING ESTABLISHED IN AN EXISTING BRADFORD COUNTY
SHERIFF’S OFFICE CONTRACT FOR USE BY THE PUBLIC WORKS DEPARTMENT;
AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO AMEND THE
CAPITAL PROJECTS FUND BUDGET TO TRANSFER $94,149.00 FROM THE CAPITAL
RESERVE ACCOUNT TO THE PUBLIC WORKS/STREETS AND GROUNDS –
AUTOMOTIVE CAPITAL ACCOUNT; DECLARING A SPECIFIED VEHICLE AS SURPLUS
PROPERTY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Field Operations Manager Marc Holloway explained the reason and need for the new vehicles
purchase. The total cost for the two (2) vehicles was $94,149. The vehicles would be utilized in
the Public Works Department. Mr. Holloway explained that certain vehicles would be declar ed
surplus and other vehicles would be rotated for use in other departments.
Thereafter the motion to adopt Resolution 2023-108 passed unanimously.
RESOLUTION 2023-109 – PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY
FOR PUBLICATION OF LEGAL NOTICES
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-109 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A PARTICIPATION AGREEMENT WITH PALM BEACH
COUNTY FOR PUBLICATION OF LEGAL NOTICES ON THE COUNTY DESIGNATED
PUBLICLY ACCESSIBLE WEBSITE AND AUTHORIZING THE VILLAGE MANAGER
AND VILLAGE CLERK TO EXECUTE ALL DOCUMENTS REQUIRED FOR SUCH
PARTICIPATION; REVISING THE VILLAGE’S PURCHASING POLICIES AND
PROCEDURES TO ALLOW FOR PUBLICATION ON THE WEBSITE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 8 of 11
RESOLUTION 2023-109 – PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY
FOR PUBLICATION OF LEGAL NOTICES continued
Village Clerk Jessica Green explained that due to the passing of Senate Bill 7049, governmental
agencies had permission to publish legal notices on a publicly accessible website designated by
the County in lieu of publishing in the newspaper. There was a one-time implementation fee of
$2000 and the annual cost for the Village would be $6000 due to its population size. An Early Adopter
Incentive was offered to governmental agencies who join the agreement prior to December 31,
2023 that would waive the $2000 implementation fee. Mrs. Green explained that the Village
spends an average of $6000 to $10,000 per year on legal advertising and recommended approval
of the Participation Agreement with Palm Beach County as it would bring a cost savings to the Village.
Deborah Cross, 2560 Pepperwood Circle, S, expressed concerns that elderly people may not be
able to access the legal advertisements on a computer.
Mr. Rubin explained that residents could request that legal notices be mailed to them if they were
not able to access them on a computer.
Thereafter the motion to adopt Resolution 2023-109 passed unanimously.
RESOLUTION 2023-110 – AIR HANDLERS PURCHASE AND INSTALLATION CONTRACT
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-110 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A CONTRACT WITH CARRIER CORPORATION FOR
THE PURCHASE AND INSTALLATION OF NEW AIR HANDLERS AT THE PUBLIC
SAFETY BUILDING UTILIZING PRICING ESTABLISHED IN AN EXISTING
SOURCEWELL AGREEMENT AND AUTHORIZING THE MAYOR AND VILLAGE CLERK
TO EXECUTE THE CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.
Facilities Manager James Anthony explained that the air handlers at the Public Safety Building
have exceeded their useful service life and were in need of replacement. Carrier Corporation’s
quote was lower at $250,770.47 compared to a quote received from Trane Commercial Services
that was for $392,595.82. Mr. Anthony stated that staff recommended the purchase of the new air
handlers from Carrier Corporation.
Thereafter the motion to adopt Resolution 2023-110 passed unanimously.
RESOLUTION 2023-111 – JANITORIAL SERVICES CONTRACT
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-110 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA ACCEPTING THE PROPOSAL FOR MUNICIPAL FACILITY
JANITORIAL SERVICES FROM AMERICAN JANITORIAL, INC. AND AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT RELATING TO SUCH
SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 9 of 11
RESOLUTION 2023-111 – JANITORIAL SERVICES CONTRACT continued
Mr. Anthony explained that the Public Works Department issued a Request for Proposals for
Village-wide Janitorial Services. The proposals received were evaluated by a Selection Committee
who scored the proposals in five (5) categories. Based upon the rank ings of the Selection
Committee, staff was recommending that the Village execute a contract with American Janitorial,
Inc. at a total cost of $274,410.88.
Thereafter the motion to adopt Resolution 2023-111 passed unanimously.
RESOLUTION 2023-112 – LEASE AGREEMENT FOR COMMUNITY DEVELOPMENT
DEPARTMENT OFFICE SPACE
A motion was made by Councilmember Mullinix and seconded by Vice Mayor Bickel to adopt
Resolution 2023-112 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPROVING A LEASE AGREEMENT WITH DOCUMENT STORAGE
SYSTEMS, INC. FOR 2,827 SQUARE FEET OF OFFICE SPACE AT 701 U.S. HIGHWAY
ONE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT AND AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mrs. Gardner-Young explained the purpose for approving a new lease agreement for space to be
utilized by the Community Development Department. Mrs. Gardner-Young stated that the facility
was newer than the current location and would also bring a cost savings of approximately $31,000
after the first year of the five-year lease agreement. The new space includes impact resistance windows
and a generator. Mrs. Gardner-Young stated that based on the more functional workspace and cost
savings, staff was recommending entering into the new five-year lease agreement.
Thereafter the motion to adopt Resolution 2023-112 passed unanimously.
RESOLUTION 2023-113 – APPOINTING INTERIM COUNCILMEMBER
A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to adopt
Resolution 2023-113 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING A SUCCESSOR TO FILL A VACANCY ON THE
VILLAGE COUNCIL ON AN INTERIM BASIS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Norris explained that due to Darryl Aubrey’s resignation from Council, an interim
Councilmember needed to be appointed to the vacancy.
Mayor Norris nominated Karen Marcus to serve as interim Councilmember.
Councilmember Searcy nominated Judy Pierman to serve as interim Councilmember.
Mayor Norris called for a vote on the nomination of Karen Marcus as interim Councilmember.
Those in favor of Karen Marcus were 3 to 1 with Mayor Norris, Vice Mayor Bickel and
Councilmember Mullinix voting aye.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 10 of 11
RESOLUTION 2023-113 – APPOINTING INTERIM COUNCILMEMBER continued
Mayor Norris called for a vote on the nomination of Judy Pierman as interim Councilmember.
Those in favor of Judy Pierman were 1 to 3 with Councilmember Searcy voting aye.
Thereafter the motion to adopt Resolution 2023-113 passed unanimously and the name of Karen
Marcus was entered into Resolution 2023-113.
Village Clerk Green administered the Oath of Office to Karen Marcus.
MAYOR AND COUNCIL MATTERS/REPORTS
Councilmember Searcy stated that the reinstatement of residential massing regulations to the
Village code would be considered at a Council meeting in January.
Mayor Norris discussed and explained that due to the new Form 6 requirements that were passed
by the legislature earlier in the year, he was being forced to resign from Council. Mayor Norris
announced his resignation from Council effective December 15, 2023. Mayor Norris expressed
his gratitude and pride on what was accomplished in the Village during his 27 years on Council.
Mayor Norris thanked staff, Council and the residents of North Palm Beach for the privilege of
serving on Council.
These residents and family members expressed their thoughts and gratitude to Mayor Norris:
Russell Beverstein, 415 U.S. Highway 1 Darryl Aubrey, 1100 Marine Way W
Karen Marcus, 920 Evergreen Drive Wendy, Taylor and Joshua Norris
Councilmember Mullinix announced that due to the Form 6 requirements, he would also be
resigning from Council effective December 15, 2023. Councilmember Mullinix gave a history of
his involvement in the community and expressed his gratitude to Council and residents for the
opportunity to serve.
Judy Pierman, 560 Greenway Drive, expressed her sadness regarding the resignations of
Councilmembers. Mrs. Pierman thanked Mayor Norris and Councilmember Mullinix for their
years of service.
Vice Mayor requested that a Special Council meeting be scheduled the following week in order to
appoint another interim Councilmember so that there would be four (4) sitting Councilmembers.
Council came to consensus to schedule a Special Council meeting on Thursday, December 21, 2023
at 4 p.m.
Mr. Huff expressed his gratitude to Mayor Norris and Councilmember Mullinix for their
contributions and service to Village staff and residents.
Mr. Huff congratulated Vice Mayor Bickel regarding her daughter’s acceptance into Harvard
University.
Draft Minutes of the Village Council Regular Session held December 14, 2023 Page 11 of 11
MAYOR AND COUNCIL MATTERS/REPORTS continued
Mr. Huff announced that due to the forecast of high winds and rain, the trolley rides would be
postponed to December 22 and Santa would be traveling throughout the Village on a fire truck on
Tuesday, December 19.
Mr. Huff thanked Karen Marcus for her willingness to serve on Council on an interim basis and
stated that he looked forward to working with her.
Mayor Norris wished everyone a Merry Christmas and a Happy New Year.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 8:38 p.m.
DRAFT MINUTES OF THE SPECIAL SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
DECEMBER 21, 2023
Present: Susan Bickel, Vice Mayor
Karen Marcus, Councilmember
Deborah Searcy, Councilmember
Chuck Huff, Village Manager
Len Rubin, Village Attorney
Jessica Green, Village Clerk
ROLL CALL
Vice Mayor Bickel called the meeting to order at 4:00 p.m. All members of Council were present
All members of staff were present.
Vice Mayor Bickel announced that Mr. Huff had an item that he wanted to add to the agenda for
discussion and consideration.
Mr. Huff stated that the Village had received a request for a Partial Release of Lien on 100 Water
Club Court, Unit 20. There is currently a lien with a fine accruing on the Water Club
Condominium Association. Mr. Huff was requesting Council approve the Partial Release of Lien
if the individual unit was not damaged or compromised. Mr. Huff stated that the Village’s Building
Official would do an inspection of the unit to confirm that the unit was not compromised or
damaged before the Partial Release of Lien would be issued.
Discussion ensued between Mr. Rubin and Councilmembers regarding the request for a Partial
Release of Lien on the individual unit at 100 Water Club Court, Unit 20.
A motion was made by Vice Mayor Bickel and seconded by Councilmember Searcy to grant a
Partial Release of Lien to 100 Water Club Court, Unit 20 upon confirmation from the Village’s
Building Official that the unit was not damaged or compromised.
Thereafter the motion passed unanimously.
RESOLUTION 2023-114 – APPOINTING INTERIM COUNCILMEMBER
A motion was made by Councilmember Searcy and seconded by Councilmember Marcus to adopt
Resolution 2023-114 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, APPOINTING A SUCCESSOR TO FILL A VACANCY ON THE
VILLAGE COUNCIL ON AN INTERIM BASIS; AND PROVIDING FOR AN EFFECTIVE DATE.
Draft Minutes of the Village Council Special Session held December 21, 2023 Page 2 of 3
RESOLUTION 2023-114 – APPOINTING INTERIM COUNCILMEMBER continued
Mr. Rubin explained that there were two (2) vacancies on Council. The Village Charter states that
Council vacancies shall be filled. Mr. Rubin stated that it was Council’s decision whether to fill
both vacancies at the meeting or fill one vacancy now and the other at a future meeting.
Bob Gebbia, 131 Bowsprit Drive, asked if an appointed Councilmember would be required to file
the Form 6 Full and Public Disclosure of Financial Interests.
Mr. Rubin explained that a Councilmember sitting on Council as of January 1, 2024 would be
required to file the Form 6.
Mr. Gebbia stated that he would not be able to sit on Council on an interim basis.
Councilmember Searcy nominated Judy Pierman to serve as interim Councilmember.
Discussion ensued between Mr. Rubin and Councilmembers regarding provisions in the Village
Code and Charter as it related to interim Councilmember appointments.
Mr. Huff stated that Judy Pierman was running late to the meeting and that another topic could be
discussed while they were waiting for her arrival. Mr. Huff asked Mr. Rubin to explain the
potential lawsuit against the Form 6 requirements.
Mr. Rubin explained that a large local government law firm sent a request for at least ten (10)
municipalities to join in a lawsuit to challenge the Form 6 requirements.
Vice Mayor Bickel asked for more information on the matter before making a decision.
Mr. Rubin stated that he would do further research on the matter and bring back his findings to
Council at a future meeting.
Judy Pierman arrived to the meeting at 4:10 p.m. and accepted her appointment as Interim
Councilmember.
With no other nominations and by consensus of all three sitting Councilmembers, Judy Pierman
was appointed as interim Councilmember, Resolution 2023-114 passed unanimously, and the
name of Judy Pierman was entered into Resolution 2023-114.
Village Clerk Green administered the Oath of Office to Judy Pierman.
Mayor Bickel thanked Judy Pierman for her willingness to serve.
Councilmember Pierman thanked Council for her appointment.
COUNCIL REORGANIZATION
Vice Mayor Bickel opened the floor to nominations for Council officers.
Deborah Searcy nominated Susan Bickel for Mayor. With no other nominations for Mayor, Susan
Bickel was declared Mayor.
Draft Minutes of the Village Council Special Session held December 21, 2023 Page 3 of 3
COUNCIL REORGANIZATION continued
Susan Bickel nominated Deborah Searcy for Vice Mayor. With no other nominations for Vice Mayor,
Deborah Searcy was declared Vice Mayor.
Karen Marcus nominated Judy Pierman for President Pro Tem. With no other nominations for
President Pro Tem, Judy Pierman was declared President Pro Tem.
Village Clerk Green administered the Oaths of Office to Susan Bickel, Deborah Searcy and Judy Pierman.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 4:17 p.m.
Jessica Green, MMC, Village Clerk
VILLAGE OF NORTH PALM BEACH
OFFICE OF THE VILLAGE CLERK
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Jessica Green, Village Clerk
DATE: January 11, 2024
SUBJECT: MOTION – Approval of merit increase for the Village Clerk
Each year, all Village employees are evaluated on their performance during the previous twelve
months and typically receive either merit increases based upon a final numeric score or step-plan
increases in accordance with the applicable collective bargaining agreements. Those
performance evaluations are completed by the respective first line supervisors in conjunction with
the respective employee’s anniversary (hire) date or date of promotion, whichever is applicable.
Likewise, the Village Clerk is evaluated by all five members of the Village Council. The numeric
scores of those five performance evaluations are then averaged to establish a final score. That
score is then converted to a percentage score, which determines the increase in salary.
The evaluation form consists of nine categories with numerical ratings from zero (below standards) to
three (exceptional), as well as a rating of not applicable. This year, out of a possible high score of 135,
the Clerk received a score of 109, which equates to an average score of 21, or an average
percentage score of 81%. As shown on the attached merit calculation form, the Clerk’s merit
increase is calculated at 4.1% (81% of 5). The effective date of the merit increase is retroactive to
August 8, 2023.
Article IV, section 8(c) of the Village Charter provides that “the compensation of the clerk shall be
fixed by the council.”
The attached merit calculation form has been reviewed by the Human Resources Department.
Recommendation:
Village Administration requests Council consideration and approval of a motion granting
a merit increase of 4.1% to the Village Clerk based on the average score of each
Councilmember’s performance evaluation and directing Village Administration to process same.
1 23.00
2 23.00
3 27.00
4 21.00
5 15.00
TOTAL 109.00
AVERAGE 21.80
Weighted Score
Highest
Possible Score
COMBINED TOTAL 109.00 135.00
81%
AVERAGED TOTAL 21.80 27.00
PERCENTAGE SCORE 81%
Max for 5% (100% of Possible)27
Min for 2% (67% of Possible)18
Percentage Increase to Pay 4.1 %
Evaluation Worksheet - Conversion from Score to %-age increase
Village of North Palm Beach
Evaluation Period - 8/8/22 to 8/8/23
Merit range: 2% - 5%. Employees must receive a minimum of 67% to be eligible for any merit increase.
EVALUATION SCORES
PERCENTAGE SCORE
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Caryn Gardner-Young, Community Development Director
DATE: January 11, 2024
SUBJECT: RESOLUTION – Approving an Amendment to the Professional Services Agreement with
Chen Moore & Associates, Inc. to increase the compensation to $80,000 for the drafting
of Comprehensive Plan Amendments required by state statute
Growth management legislation was passed in 1985 in response to Florida's commitment to provide the
facilities and services that communities need to foster economic growth and preserve natural amenities.
The importance of comprehensive planning cannot be overstressed because it results in decisions
regarding long-term issues such as environmental protection and economic development. Section
163.3177, F.S., requires that local government comprehensive plans provide the policy foundation for
local planning and land use decisions on capital improvements, conservation, intergovernmental
coordination, recreation, open space, future land use, housing, transportation, coastal management
(where applicable) and public facilities.
Effective June 2, 2011, state law requires local governments to determine, at least every seven years,
whether the need exists to amend the comprehensive plan to reflect changes in state requirements since
the last time the comprehensive plan was updated. If such a determination is made, the municipality must
notify the state land planning agency by letter of this determination. The local government then shall
prepare and transmit the proposed amendments to the Department of Economic Opportunity within one
year of such determination. The evaluation and appraisal should address changes in state requirements
since the last update of the comprehensive plan and update the plan based on changes to local
conditions.
According to the State’s Notification Schedule, the Village’s second round Evaluation and Appraisal letter
is due January 1, 2024. Village Staff has determined that amendments to the Village’s Comprehensive
Plan are required and such a letter was sent to the Florida Department of Economic Opportunity during
the month of December. In order to meet the state requirements and the timeframe to complete the
amendments, Village Staff is recommending hiring consultants to assist.
Through the adoption of Resolution No. 2023-65 on August 24, 2023, the Village Council approved
Agreements with six firms for General Planning Services on an as needed basis and capped the
compensation at $50,000 for Fiscal Year 2024. The Village received the following three proposals from
those firms to perform the work:
Company Amount For 2 Categories
WGI $115,500
Calvin $113,000
Chen Moore $80,000
Village Staff is recommending selecting Chen Moore to draft two categories of amendments to the
Village’s Comprehensive Plan. Because the amount requested exceeds the $50,000 previously
approved by the Village Council through the General Planning Services solicitation process, Staff is
requesting that the total compensation payable to Chen Moore & Associates pursuant to the Professional
Services Agreement be increased to $80,000.00.
Legal Review
The attached Resolution and Amendment have been prepared/reviewed by the Village Attorney for legal
sufficiency.
Fiscal Impact
$80,000 for drafting of the amendments to the Comprehensive Plan to be added to the Planning and
Zoning Professional Services line item. If a budget amendment is necessary, it will be prepared at year-
end.
Recommendation:
Village Staff recommends Village Council consideration and approval of the attached Resolution
approving an Amendment to the Professional Services Agreement with Chen Moore & Associates, Inc.
to increase the total compensation from $50,000 to $80,000 to cover the costs of the required
Comprehensive Plan Amendments and authorizing the Village manager to execute the Amendment in
accordance with Village policies and procedures.
RESOLUTION 2024-____
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH CHEN MOORE &
ASSOCIATES, INC. TO INCREASE THE TOTAL AMOUNT OF COMPENSATION
FOR FISCAL YEAR 2024 AND AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE AMENDMENT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution No. 2023-65, the Village Council authorized the Village
Manager to execute an Agreement for Professional (Planning) Services with six firms, including Chen
Moore & Associates, Inc., in an amount not to exceed $50,000.00 during any single fiscal year; and
WHEREAS, the Village is required to update its Comprehensive Plan, and Village Staff recommended
retaining the services of Chen Moore to prepare the updates at a total cost of $80,000; and
WHEREAS, these services require both an increase in the total compensation payable by the Village to
Chen Moore & Associates, Inc. during Fiscal Year 2024 and a corresponding Amendment to the
Agreement; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of
the residents 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 an Amendment to the Professional Services
Agreement with Chen Moore & Associates, Inc. to increase the total amount of compensation during
Fiscal Year 2024, a copy of which is attached hereto and incorporated herein, and authorizes the Village
Manager to execute the Amendment on behalf of the Village. The total compensation paid pursuant to
the Amendment during Fiscal Year 2024 shall not exceed $80,000.00.
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 ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Planning Services)
THIS AMENDMENT is entered on this _____ day of _____________, 2024, by and between the Village
of North Palm Beach, a Florida municipal corporation (“Village”) and Chen Moore & Associates, Inc.,
a Florida corporation (“Consultant”).
RECITALS
WHEREAS, on August 24, 2023, the Village entered into a Professional Services Agreement with Chen
Moore & Associates, Inc. (“Chen Moore”) for general Planning Services (“Agreement”); and
WHEREAS, the Agreement capped the total amount of compensation at $50,000 per fiscal year; and
WHEREAS, due to work that will be performed by Chen Moore relating to Amendments to the Village’s
Comprehensive Plan, the parties wish to increase the total amount of compensation to cover the cost of the
anticipated cost of the Comprehensive Plan Amendments and related tasks.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained in the Agreement, as
amended, the sufficiency of which is hereby acknowledged by the parties, the Village and the Consultant agree
as follows:
1. The foregoing recitals are ratified and incorporated herein.
2. Section 5(a) of the Agreement is hereby amended to increase the total amount of compensation payable
by the Village to Consultant for Fiscal Year 2024 to Eighty Thousand Dollars and No Cents ($80,000.00).
3. All other provisions of the Agreement, to the extent not expressly modified herein, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the Professional
Services Agreement (Planning Services) as of the day and year set forth above.
VILLAGE OF NORTH PALM BEACH:
By: __________________________________
Charles D. Huff, Village Manager
CONSULTANT:
CHEN MOORE & ASSOCIATES, INC.
By: __________________________________
Print Name:
Title:
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM: Caryn Gardner-Young, Community Development Director
Scott H. Wood, Building Official
Jennifer Cain, Human Resources Director
DATE: January 11, 2024
SUBJECT: RESOLUTION – A Resolution of the Village Council of the Village of North Palm
Beach, Florida amending the 2023-2024 Comprehensive Pay Plan
The Village administration is seeking to amend the 2023-2024 Comprehensive Pay Plan deleting two
part-time inspectors and adding a Senior Building Inspector. In FY2023, the Building Official asked that
one (1) full-time Building Inspector position be divided into two (2) part-time Building Inspector positions.
The reasoning for the change was the inability to obtain a candidate for the full-time position. The Village
is currently using a contract service on a daily basis to provide building inspections since neither position
is filled.
However, with the new Building Official and the pay grade changes made for the Building Construction
Inspector positions with the FY 2024 pay plan, Staff believes the Village can successfully hire a full-time
position to provide more timely and reliable service to the residents. Based upon the building permit
workload, the Community Development Department is in need of the full-time position to cover, on a
timely basis, the requested inspections. This would also reduce the reliance on contracted services
significantly and afford the Building Division better quality control over inspections. Contracted inspectors
typically rush through their inspection due to being heavily scheduled and are known to be less thorough
than an employee with a vested interest in the Village.
Village Staff is seeking to upgrade the Building Division organizational chart from what it was prior to the
recent budget adoption with a full-time Senior Building Inspector versus a full-time Building Inspector.
This request is not seeking any additional positions and the Building Division is giving up two part-time
positions to cover the costs of the full-time position so no fiscal impact is anticipated.
The Comprehensive Pay Plan is included within the overall Village Budget for Fiscal Year 2024, as
approved by the Village Council through the adoption of Ordinance No. 2023-15. Section 5 of Ordinance
No. 2023-15 specifically authorizes the Village Council to revise the Comprehensive Pay Plan by
Resolution during the Fiscal Year without need to amend the Ordinance.
The attached Resolution has been prepared/reviewed by the Village Attorney for legal sufficiency.
Recommendation:
Village Staff recommends Village Council consideration and approval of the attached Resolution
amending the Fiscal Year Comprehensive Pay Plan by converting two (2) part-time Building
Construction Inspector positions to one (1) full-time Senior Building Construction Inspector
position.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN
ADOPTED AS PART OF THE FISCAL YEAR 2024 BUDGET TO CONVERT TWO
PART-TIME BUILDING CONSTRUCTION INSPECTOR POSITIONS TO ONE
FULL-TIME SENIOR BUILDING CONSTRUCTION INSPECTOR POSITION;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Ordinance No. 2023-15 (“Budget Ordinance”) on September 28,
2023, the Village Council adopted a Comprehensive Pay Plan as part of the annual budget for Fiscal
Year 2024; and
WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the
Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and
WHEREAS, at the recommendation of Village Staff, the Village Council wishes to convert two part -
time Building Construction Inspector positions into one full-time Senior Building Construction Inspector
position and determines that the adoption of this Resolution is in the best interests of the Village and its
residents.
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 amends the Comprehensive Pay Plan for Fiscal Year 2024
as follows:
Delete two (2) part-time Building Construction Inspector positions at Pay Grade 118.
Add one (1) full-time Senior Building Construction Inspector position at Pay Grade 120.
Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically
modified herein, shall remain in full force and effect.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Village of North Palm Beach
Recreation Advisory Board Meeting
MINUTES
November 14, 2023 at 7:00 pm
Anchorage Park
1) Call to Order: Chair Budnyk at 7:00 p.m.
2) Roll Call: Attendance was taken, and present were board members Ashley
Knieriemen, Stephen Heiman, Zak Sherman, Leigh Arwood, Jennifer Dumas, and
Rita Budnyk. Mia St John and Christy Chane were absent. Village Council
representative not present.
2) Approval of Minutes: A motion was proposed by Jennifer Dumas and seconded by
Ashley Knieriemen to approve the minutes from the previous month's meeting, which
was unanimously passed.
3) Public Comments: No public comments were received during this meeting,
prompting a transition to the Director's report.
4) Director’s Report: The Director began by discussing the recent bulk rental issue in
the department’s management system, RecTrac, which involved complications with
confirming and adjusting fees for multiple bookings. The process was cumbersome
and took an inordinate amount of time to complete. The Director revealed that a bulk
option for fee adjustments had been discovered at a recent RecTrac Symposium
conference in Vermont and put to use as soon as he returned, saving considerable staff
time when booking multi-use facility rentals.
Upcoming events were then discussed, including Beats and Eats in February, with
Uncle Juice already booked for the event. Plans for presenting holida y decorations at
the upcoming council meeting were also on the agenda. An incident report was shared
concerning a child who had fallen due to an unsafe area during Seacoast's work near
the park, with reassurance that the child was fine, and proper procedur es were being
followed.
The Director reported that a meeting with the South Florida Thunder, interested in
starting a T-ball program, was scheduled post-Thanksgiving. The proposed agreement
would involve charging fees per non-residents only and finalizing details with the
organization.
Other topics included the possibility of hosting a summer volleyball skills clinic and
an adult rec league at the Community Center starting in January, with Beatriz Piper as
the contact for these initiatives. The Director also mentioned the discovery of building
plans for the community center in the attic at Public Works. Plans for scanning and
reviewing them were in progress.
Lastly, the Director updated the Board on boat ramp usage statistics and the updated
schedule for flag football.
5) New Business: In addressing boat storage matters, the Director explained Mr.
Casamassina’s situation. Mr. Casamassina had initially been placed on the 25-foot
boat list when he visited the office on June 3, 2022. However, it was later discovered
that he required a larger space for his boat because his trailer needed to be taken into
account. This discrepancy was attributed to staff handling Mr. Casamassina’s request,
as he wasn't told that the size of his boat needed to include his trailer. After listening
to the circumstances, the Board decided it was equitable to move him to the 30-foot
list to the position he would have gotten had he been properly told all the requirements
on June 3, 2022.
The discussion then shifted to the observation of numerous empty storage spaces in
the dry storage area. The need for better monitoring and creating a visual map
displaying available storage spaces was discussed, along with the necessity of a
dedicated marina staff member to oversee these matters was also raised. Emphasis
was placed on the importance of staying proactive and implementing regular checks to
ensure compliance with the new rules and regulations governing boat storage.
The discussion also entailed a review of the number of contracts returned, late fees,
and efforts to contact delinquent renters. Inquiries were made about the status of
individuals who had not yet signed their contracts by October 1 and whether they still
had equipment in their assigned spaces.
6) Old Business:
Tornado Update/Community Center: The Director provided updates on the
Community Center, mentioning recent improvements, repairs, and ongoing
challenges such as roof leaks.
7) Member Comments: Discussed Heritage Day volunteer committee to help with
parade entries. Discussed inviting middle school students to Veterans Day Event.
8) Staff Comments: None.
9) Adjournment: Motion by Ashley Knieriemen; seconded by Rita Budnyk at 8:10 p.m.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Chuck Huff, Village Manager
FROM:
Caryn Gardner-Young, Community Development Director
Scott Wood, Building Official
DATE: January 11, 2024
SUBJECT: ORDINANCE 1st Reading – Adopting Administrative Amendments to the 8th (2023)
Edition of the Florida Building Code
Background
The Florida Building Code is a set of regulations that govern the construction of public and private buildings
in Florida. It is based on national model building codes, national consensus standards, and Florida-specific
provisions. However, some construction-related regulations are exempted by Section 553.73 of the Florida
Statutes. To ensure consistency and uniformity, the Florida Building Code has been aligned with the
Florida Fire Prevention Code maintained by the Department of Financial Services, Office of the State Fire
Marshal.
The Florida Building Code is a collection of nine volumes, including Building, Plumbing, Mechanical, Fuel
Gas, Existing Building, Residential, Energy Conservation, Accessibility, and Test Protocols for High-
Velocity Hurricane Zones. Chapter 27 of the Florida Building Code, Building, includes state regulation for
licensed facilities and adopts the National Electrical Code (NFPA 70) by reference.
In Florida, it is mandatory to update the building and construction codes every three years in all cities and
counties, known as the tri-annual update. The 8th Edition Florida Building Code will be effective on January
1, 2024, and all applications and documentation submitted for a permit from this date must comply with
this new code. Section 553.73(4)(a), Florida Statutes, authorizes a municipality to adopt amendments to
the administrative provisions (Chapter 1) of the Florida Building Code that are specific to that municipality.
These administrative amendments replace the amendments adopted by the Village in 2020 for the prior
(7th) edition of the Florida Building Code.
Legal Review
The Village Attorney has prepared and/or reviewed the attached Ordinance for legal sufficiency.
Fiscal Impacts
N/A
Recommendation
Village Staff recommends Village Council consideration and approval on first reading of the attached
Ordinance adopting administrative amendments to the 8th (2023) edition of the Florida Building Code as
authorized by state law.
Page 1 of 2
ORDINANCE NO. 2024-____ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3
PALM BEACH, FLORIDA, ADOPTING ADMINISTRATIVE AMENDMENTS TO 4
THE 8TH (2023) EDITION OF THE FLORIDA BUILDING CODE; PROVIDING 5
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 6
AN EFFECTIVE DATE. 7
8
WHEREAS, pursuant to Chapter 553, Florida Statutes, all construction and related activities 9
occurring within the Village are governed by the Florida Building Code; and 10
11
WHEREAS, Section 553.73(4)(a), Florida Statutes, authorizes units of local government to adopt 12
amendments to the administrative provisions (Chapter 1) of the Florida Building Code; and 13
14
WHEREAS, Section 6-17(b) of the Village Code recognizes that the Village has amended and 15
supplemented Chapter 1 of the Florida Building Code through administrative amendments; and 16
17
WHEREAS, through the adoption of Ordinance No. 2021-02 on January 28, 2021, the Village 18
Council adopted Administrative Amendments to the 7th (2020) Edition of the Florida Building Code; 19
and 20
21
WHEREAS, due to the statewide adoption of a new edition of the Florida Building Code, the Village 22
Council wishes to adopt Administrative Amendments to the 8th (2023) Edition as authorized by state 23
statute; and 24
25
WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best interests 26
of the residents and citizens of the Village of North Palm Beach. 27
28
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 29
NORTH PALM BEACH, FLORIDA as follows: 30
31
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 32
33
Section 2. The Village Council hereby adopts administrative amendments to Chapter 1 of the 8th 34
(2023) Edition of the Florida Building Code, a copy of which are attached hereto and incorporated 35
herein by reference. 36
37
Section 3. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 38
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such 39
holding shall not affect the remainder of this Ordinance. 40
41
Section 4. All ordinances or resolutions or parts of ordinances or resolutions in conflict with the 42
with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 43
44
Section 5. This Ordinance shall become effective immediately upon adoption. 45
46
Page 2 of 2
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 1
2
PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 3
2024. 4
5
6
(Village Seal) 7
MAYOR 8
9
10
ATTEST: 11
12
13
VILLAGE CLERK 14
15
APPROVED AS TO FORM AND 16
LEGAL SUFFICIENCY: 17
18
19
VILLAGE ATTORNEY 20
VILLAGE OF NORTH PALM BEACH
ADMINISTRATIVE AMENDMENTS TO CHAPTER ONE OF
THE FLORIDA BUILDING CODE 8TH EDITION (2023)
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 ever y
building or structure or any appurtenances connected or attached to such buildings or structures.
Exceptions:
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 this Code or the Florida Building Code,
Residential.
2. Code requirements that address snow loads and earthquake protection shall not be utilized or enforced.
101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.2.2 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 provide a reasonable level of
safety, public health 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 a reasonable level of 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.
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.
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9 and 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 the Village of North Palm Beach Code of Ordinances Chapter 15
shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating,
sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
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 Building Code, Existing Building 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 F.A.C.
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 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 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 provisions of Part II (Sections
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.
(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 incorporate any electrical, plumbing, or other
nonwood 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 flood plain 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) A drone port as defined in s. 330.41(2).
102.2.1 In addition to the requirements of Sections 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
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.
Florida Building Code, Existing Building Chapter 13 contains additional requirements for Relocated or Moved
Buildings)
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 Each enforcement district or local enforcement agency shall be governed by a board, the composition of
which shall be determined by the affected localities.
1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the
owner of a single-family residence one or more exemptions from the Florida Building Code relating to:
a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided
any addition, alteration or repair shall not exceed 1,000 square feet (93 m2) or the square footage of the
primary structure, whichever is less.
b. Addition, alteration, or repairs by a nonowner within a specific cost limitation set by rule, provided the
total cost shall not exceed $5,000 within any 12-month period.
c. Building plans review and inspection fees.
2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in
mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement
agency has determined that the work, which is otherwise exempt, does not constitute a substantial
improvement, including the repair of substantial damage, of such single-family residences.
3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10
days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement
district or local enforcement agency implementing it.
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 Section 101.4,
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 otherwise specifically provided in this code, the Florida
Building Code, Existing Building, Village of North Palm Beach Code of Ordinances Chapter 15 or the Florida Fire
Prevention Code.
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
shall comply with the provisions of the Florida Building Code, Building or Florida Building Code, Residential, 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, Chapter 15 of the 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 (on or 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 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 Village of North Palm Beach Code of Ordinances Chapter 15
SECTION 104
DUTIES AND POWERS OF 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 po licies 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, 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 or R322 of the Florida Building Code, Residential, as applicable.
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 FS 119.
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, s hall not thereby be civilly or criminally rendered 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 employee because of an act performed by that officer or employee in the lawful discharge of duties and
under the provisions of this code shall be defended by legal representative of the jurisdiction until the fin al
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 because of an act
performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall
be defended by legal representatives of the jurisdiction until the final termi nation 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 that 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 th e 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 alternative
meets all of the following:
1. The alternative material, design or method of construction is satisfactory and complies with the intent of the
provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less than the equivalent of that
prescribed in this code as it pertains to the following:
2.1. Quality.
2.2. Strength.
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. 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
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 t his 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 system, the installation
of which is regulated by this code, or to cause any such work to be performed, 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, 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.
105.1.3 Food permit. In accordance with Section 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 Code, and requirements of the local floodplain management ordinance. Permits shall not be required for
the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided
the floor area does not exceed 120 square feet (11 m2).
2. Fences not over 7 feet (1829 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the
top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity do es not exceed 5,000 gallons (18 925 L) and the ratio
of height to diameter or width does not exceed 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement
or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep,
do not exceed 5,000 gallons (18 925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwelling except for the
electrical service.
12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the
exterior wall and do not require additional support, of Groups R-3 and U occupancies.
13. Non-fixed and movable fixtures, cases, racks, counters and partitions 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 equipm ent 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.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by
motors of 1 horsepower (0.75 kW) or less.
8. The installation, replacement, removal or metering of any load management control device.
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 pro- vided 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.
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.
105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a
permit, provided the repairs do 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 requirement s; 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 ownership 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 therefor 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 Sections 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 application governs
the permitted work for the life of the permit and any extension granted to the permit.
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 application may be submitted in person in a
nonelectronic 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 therefor. 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
therefor 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 districts 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
new fire protection system of 49 or fewer sprinklers; may design the alteration of an existing fire sprinkler
system if the alteration consists of the relocation, addition or deletion of 249 or fewer sprinklers and the
addition of up to 49 sprinklers, as long as the cumulative total number of fire sprinklers being added,
relocated, or deleted does not exceed 249, notwithstanding the size of the existing fire sprinkler system; or
may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation or
deletion of 249 or fewer sprinklers, notwithstanding the size of the existing fire sprinkler system, if there is no
change of occupancy of the affected areas, as defined in this Code and the Florida Fire Prevention Code, and
there is no change in the water demand as defined in NFPA 13, “Standard for the Installation of Sprinkler
Systems,” and if the occupancy hazard classification as defined in NFPA 13 is reduced or remains the same as
a result of the alteration.
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.
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.
Exception:
Simplified permitting processes.
(1) As used in this section, the term:
(a) "Component" means valves, fire sprinklers, escutcheons, hangers, compressors, or any other
item deemed acceptable by the local enforcing agency. For purposes of this paragraph, a valve
does not include pressure-regulating, pressure-reducing, or pressure-control valves.
(b) “Contractor” means a person who:
1. 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; or
2. Is qualified to engage in the business of fire protection system contracting pursuant to a
license or certificate issued by the State Fire Marshal.
(c) “Fire alarm system project” means a fire alarm system alteration o f a total of 20 or fewer initiating
devices and notification devices, or the installation or replacement of a fire communicator connected
to an existing fire alarm control panel in an existing commercial, residential, apartment, cooperative,
or condominium building.
(d) "Fire sprinkler system project" means a fire protection system alteration of a total of 20 or
fewer fire sprinklers in which the sprinklers are of the same K-factor and located in spaces where
there is no change of hazard classification or increased system coverage area, or the installation
or replacement of an equivalent fire sprinkler system component in an existing commercial,
residential, apartment, cooperative, or condominium building. For purposes of this paragraph, a
component is equivalent if the component has the same or better characteristics, including
electrical, hydraulic, pressure losses, and required listings and spacing as the component being
replaced.
(2)(a) A local enforcement agency may require a contractor, as a condition of obtaining a permit for a fire alarm
system project or fire sprinkler system project, to submit a completed application and payment.
(b) A local enforcement agency may not require a contractor to submit plans or specifications as a condition
of obtaining a permit for a fire alarm system project or fire sprinkler system project.
(3) A local enforcement agency must issue a permit for a fire alarm system project or fire sprinkler system project
in person or electronically.
(4) A local enforcement agency must require at least one inspection of a fire alarm system project or fire
sprinkler system project to ensure compliance with applicable codes and standards. If a fire alarm system
project or fire sprinkler system project fails an inspection, the contractor must take corrective action as
necessary to pass inspection.
(5) (a) For a fire sprinkler alarm system project, a contractor must keep a copy of the plans and specifications at
the fire alarm system project worksite and make such plans and specifications available to the inspector at
each inspection.
(b) For a fire sprinkler system project to alter an existing fire protection system, a contractor
must keep a copy of the plans and specifications at the fire sprinkler system project worksite and
make such plans and specifications available to the inspector at each inspection.
(c) For a fire sprinkler system project to install or replace a component, a contractor must keep a
copy of the manufacturer's installation instructions and any pertinent testing instructions needed
to certify or accept the component at the fire sprinkler system project worksite and make such
documents available to the inspector at each inspection.
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. The system, requires an electrical system with a value of over $125,000; and Requires an aggregate
service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240
volts) on a commercial or industrial electrical system;
Note: It was further clarified by the Commission that the limiting factor of 24 0 volt or over is required to be
designed by an Engineer. 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.
105.3.1.3 Reviewing application for building permit.
1. When reviewing an application for a building permit, a local government may not request additional information
from the applicant more than three times, unless the applicant waives such limitation in writing.
2. If a local government requests additional information from an applicant and the applicant submits the requested
additional information to the local government within 30 days after receiving the request, the local government
must, within 15 days after receiving such information:
a. Determine if the application is properly completed;
b. Approve the application;
c. Approve the application with conditions;
d. Deny the application; or
e. Advise the applicant of information, if any, that is needed to deem the application properly completed or
to determine the sufficiency of the application.
3. If a local government makes a second request for additional information from the applicant and the applicant
submits the requested additional information to the local government within 30 days after receiving the
request, the local government must, within 10 days after receiving such information:
a. Determine if the application is properly completed;
b. Approve the application;
c. Approve the application with conditions;
d. Deny the application; or
e. Advise the applicant of information, if any, that is needed to deem the application properly completed or
to determine the sufficiency of the application.
4. Before a third request for additional information may be made, the applicant must be offered an opportunity
to meet with the local government to attempt to resolve outstanding issues. If a local government makes a third
request for additional information from the applicant and the applicant submits the requested additional
information to the local government within 30 days after receiving t he request, the local government must,
within 10 days after receiving such information unless the applicant waived the local government's limitation in
writing, determine that the application is complete and:
a. Approve the application;
b. Approve the application with conditions; or
c. Deny the application.
5. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or
other legal authority, the local government, at the applicant's request, must process the a pplication and either
approve the application, approve the application with conditions, or deny the application.
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, 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 and justifiable cause demonstrated.
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, 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 therefor 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 Sections 440.10 and 440.38, Florida Statutes.
105.3.6 Asbestos removal. 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 qua lify 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 o wner or dealer, and anticipated 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 A local government may not require a contract between a builder and an owner for the issuance of a
building permit or as a requirement for the submission of a building permit application.
105.3. 9 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, a lley 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 jurisdiction 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 the jurisdiction.
Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the
jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not
prevent the 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 ordinance of this jurisdiction.
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 6 months after its issuance, or if the work authorized by such permit is suspended or
abandoned for a period of 6 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 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.
105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the administrative
authority.
105.4.1.5 After the local enforcing agency issues a permit, the local enforcing agency may not make or
require any substantive changes to the plans or specifications except changes required for compliance
with the Florida Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or local
amendments thereto. If a local enforcing agency makes or requires substantive changes to the plan s or
specifications after a permit is issued, the local enforcing agency must 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 the information to the permitholder in writing.
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 holder and
property owner shall be responsible to either complete all work in accordance with the permitted plans and
inspection or remove any partially completed work in a safe and code compliant manner. 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.
105.5.1 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.
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.
105.5.2 For the purposes of this subsection, a closed permit shall mean a permit for which all requirements for
completion have been satisfied or a permit that has been administratively closed by the building official.
105.5.3 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all
requirements for completion as defined in 105.5.1.1.
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 fo und 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 applicant.
105.6.1 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.
105.6.2 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. A local enforcement agency has the authority to deny a new permit application from an applicant for other
reasons.
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.
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.
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 bar rier method for termite prevention is used, final
exterior treatment shall be completed prior to final building approval.
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 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 structure 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. 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 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 XII of Chapter 468, Florida Statutes.
105.14.1 Affidavits in flood hazard areas. Permit issued on basis of an affidavit shall not extend to the flood load
and flood resistance requirements of the Florida Building Code and the building official shall review an inspect
those requirements.
105.15 Opening protection. When any activity requiring a building permit, not including roof covering
replacement or repair work associated with the prevention of degradation of the residence, that is applied for on
or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached
residential structure that is located in the wind-borne debris region as defined in this code and that has an insured
value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for
which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad
valorem taxation of $750,000 or more; opening protections as required within this code or Florida Building Code,
Residential for new construction shall be provided.
Exception: Where defined wind-borne debris regions have not changed, single family detached residential
structures permitted subject to the Florida Building Code are not required to comply with this section.
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 s. 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 s. 553.507(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 ss. 933.20-933.30, Florida Statutes.
105.17 Streamlined low-voltage alarm system installation permitting.
(1) As used in this section, the term:
(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 s. 489.505, Florida Statutes,
including video cameras and closed-circuit television systems used to signal or detect a burglary, fire,
robbery, or medical emergency, that is hardwired and operating at low voltage, as defined in the
National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence. The
term also includes ancillary components or equipment attached to a low-voltage alarm system, or low-
voltage electric fence, including, but not limited to, home-automation equipment, thermostats, closed-
circuit television systems, access controls, battery recharging devices, and video cameras.
(c) “Low-voltage electric fence” means an alarm system, as defined in s. 489.505, that consists of a fence
structure and an energizer powered by a commercial storage battery not exceeding 12 volts which
produces an electric charge upon contact with the fence structure.
(d) “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) A low-voltage electric fence must meet all of the following requirements to be permitted as a low-voltage
alarm system project and no further permit shall be required for the low-voltage alarm system project other
than as provided in this section:
(a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set
forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission
Standard No. 60335-2-76, Current Edition.
(b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low- voltage
electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall.
(c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of
not more than 60 feet.
(d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single - family or
multi-family residential use.
(e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential
purposes.
(4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required.
(5) 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 s.
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.
(6) 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.
(7) A contractor is not required to notify the local enforcement agency befo re 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.
(8) 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 s. 553.793(7), Florida Statutes.
(9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low -voltage
alarm system to ensure compliance with 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.
(10) 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.
(11) 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. In commercial or industrial buildings, for each floor or portion thereof designed for live
loads exceeding 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 thi s 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 with each permit application in accordance with Florida
Statute 553.79. The construction documents shall be prepared by a registered design professional where required
by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 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.
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.
107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through
107.2.6.
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 where 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.
107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submit- ted
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
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 or irrigation, and the structural framing is protected by an
impervious moisture barrier, the construction documents shall include details for all elements 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 where the application for permit is for alteration or repair or
where other- wise 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.
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
documents 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.
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 law- fully
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 circumstances require, the owner or the
owner’s authorized agent shall designate a successor 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 owner’s authorized agent if the registered design professional
in responsible charge is changed or is unable to continue to perform the duties. Successor registered design
professional in responsible charge licensed under Chapter 471 Florida Statutes shall comply with Section
471.025(4) Florida Statute and the procedure set forth in 61G15 -27.001 Florida Administrative Code; or licensed
under Chapter 481 Florida Statutes shall comply with Section 481.221(6) Florida Statute and the procedure set
forth in 61G1-18.002 Florida Administrative Code.
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.
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
reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes.
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 and building envelope 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
Fireblocking 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
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
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)
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)
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
17. Smoke and/or Fire Dampers
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 and/or carbon monoxide alarm/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 structural calculations (if required)
Termite protection
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)
Manufactured buildings/housing:
1. Site requirements
Setback/separation (assumed property lines)
Location of septic tanks (if applicable)
2. Structural
Wind zone
Flood
Anchoring
Blocking
3. Plumbing
List potable water source and meter size (if applicable)
4. Mechanical
Exhaust systems
Clothes dryer exhaust
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
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, electrical, 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 con- ducting inspections is qualified as a building inspector under Part
XII of Chapter 468, Florida Statutes.
107.6.1 Building permits issued in flood hazard areas on the basis of an affidavit. Pursuant to the requirements
of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. 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.
107.6.2 Affidavits Provided Pursuant to Section 553.791, Florida Statutes. For a building or structure in a flood
hazard area, the building official shall review any affidavit certifying compliance with the flood load and flood -
resistant construction requirements of the Florida Building Code.
107.7 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. If the building
code administrator, plans examiner, or inspector requests another local enforcing agency employee or a
person contracted by the local enforcing agency to review the plans and that employee or person
identifies specific plan features that do not comply with the applicable codes, the building code
administrator, plans examiner, or inspector must provide this information to the local enforcing agency.
The local enforcing agency shall provide this information to the permit applicant.
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 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:
1. Permits;
2. Plans examination;
3. Certificates of competency (including fees for applications, examinations, renewal, late renewal, and
reciprocity);
4. Re-inspections;
5. Administrative fees (including fees for investigative and legal costs incurred in the context of certain
disciplinary cases heard by the board);
6. Variance requests;
7. Administrative appeals;
8. Violations; and
9. 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.
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. The building official is authorized to establish a refund policy.
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
Florida licensed professional surveyor and mapper 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 Statues; or licensed under Chapter 471 or 481
Florida Statutes.
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
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.
1.2. A foundation/form board survey prepared and certified by a Florida licensed professional surveyor and
mapper 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.
1.3. 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 building official.
2. Framing inspection. To be made after the roof, all framing, fireblocking 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 energy calculations)
Vertical cells/columns
Lintel/tie beams
Framing/trusses/bracing/connectors (including truss layout and engineered drawings)
Draftstopping/fireblocking
Curtain wall framing
Energy insulation (Insulation R-factor as indicated on approved energy 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.
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
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.
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
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.
6. Final inspection. To be made after the building 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 or
the elevation to which a building is dry floodproofed, as applicable, 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.
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 di s- connected 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 cross- overs; 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.
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 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 energy calculation provisions.
3. Final inspection. To be made after the building 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, fireblocking 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 energy calculation provisions.
3. Final inspection. To be made after the building 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 energy calculation provisions.
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 re quired
reinforcing steel is in place. For concrete foundations, 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 required in Section 1612.4 of the
Florida Building Code, Building and Section R322 of the Florida Building Code, Residential, 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,
fireblocking 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 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 partitions shall not be concealed from view until inspected and approved.
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 110.3.8, 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, documentation as required in Section 1612.5 of the Florida Building Code,
Building; or Section R322 of the Florida Building Code, Residential, shall be submitted to the building official prior
to the final inspection.
110.3.11.2 Commercial Energy Code documentation. If required by energy code path submittal, confirmation
that commissioning result requirements have been received by building owner.
110.3.11.3 Residential Energy Code documentation. If required by energy code path submittal (R405),
confirmation that the envelope and duct test requirements shall be received by building official.
110.3.12 Termites. Building components and building surroundings required to be protected from termite dam -
age in accordance with Section 1503.7, Section 2304.12.9 or Section 2304.12.4, 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.
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 i n 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 s. 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 th reshold 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
deter- mined by the local authority in accordance with this section and Chapter 633, Florida Statutes.
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 Mandatory structural inspections for condominium and cooperative buildings.
110.9.1 General. The Legislature finds that maintaining the structural integrity of a building throughout the life of
the building is of paramount importance in order to ensure that buildings are structurally sound so as to not pose a
threat to the public health, safety, or welfare. As such, the Legislature finds that the imposition of a statewide
structural inspection program for aging condominium and cooperative buildings in this state is necessary to ensure
that such buildings are safe for continued use.
110.9.2. As used in this section, the terms:
(a) “Milestone inspection” means a structural inspection of a building, including an inspection of load -bearing
elements and the primary structural members and primary structural systems as those terms are defined in s.
627.706, Florida Statutes, by an architect licensed under chapter 481or engineer licensed under chapter
471authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the
structural components of the building and, to the extent reasonably possible, determining the general
structural condition of the building as it affects the safety of such building, including a determination of any
necessary maintenance, repair, or replacement of any structural component of the buildin g. The purpose of
such inspection is not to determine if the condition of an existing building is in compliance with the Florida
Building Code or the firesafety code. The milestone inspection services may be provided by a team of
professionals with an architect or engineer acting as a registered design professional in responsible charge
with all work and reports signed and sealed by the appropriate qualified team member.
(b) “Substantial structural deterioration” means substantial structural distress or substantial structural weakness
that negatively affects a building’s general structural condition and integrity. The term does not include
surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or
peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection
determines that such surface imperfections are a sign of substantial structural deterioration.
110.9.3. (a) An owner or owners of a building that is three stories or more in height as determined by
the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form
of ownership as a residential condominium under chapter 718, Florida Statutes, or a residential
cooperative under chapter 719, Florida Statutes, must have a milestone inspection performed by
December 31 of the year in which the building reaches 30 years of age, based on the date the certificate
of occupancy for the building was issued, and every 10 years thereafter. If a building reached 30 years of
age before July 1, 2022, the building’s initial milestone inspection must be performed before December
31, 2024. If a building reaches 30 years of age on or after July 1, 2022, and before December 31, 2024, the
building’s initial milestone inspection must be performed before December 31, 2025. If the date of
issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate
of occupancy shall be the date of occupancy evidenced in any record of the local building official.
(b) The local enforcement agency may determine that local circumstances, including environmental conditions
such as proximity to salt water as defined in s. 379.101, require that a milestone inspection must be performed by
December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of
occupancy for the building was issued, and every 10 years thereafter.
(c) The local enforcement agency may extend the date by which a building’s initial milestone inspection
must be completed upon a showing of good cause by the owner or owners of the building that the
inspection cannot be timely completed if the owner or owners have entered into a contract with an
architect or engineer to perform the milestone inspection and the inspection cannot reasonably be
completed before the deadline or other circumstance to justify an extension.
(d) The local enforcement agency may accept an inspection report prepared by a licensed engineer or
architect for a structural integrity and condition inspection of a building performed before July 1, 2022, if
the inspection and report substantially comply with the requirements of this section. Notwithstan ding
when such inspection was completed, the condominium or cooperative association must comply with the
unit owner notice requirements in Section 110.9.9. The inspection for which an inspection report is
accepted by the local enforcement agency under this paragraph is deemed a milestone inspection for the
applicable requirements in chapters 718 and 719. If a previous inspection and report is accepted by the
local enforcement agency under this paragraph, the deadline for the building’s subsequent 10 -year
milestone inspection is based on the date of the accepted previous inspection.
110.9.4. The milestone inspection report must be arranged by a condominium or cooperative association
and any owner of any portion of the building which is not subject to the con dominium or cooperative
form of ownership. The condominium association or cooperative association and any owner of any
portion of the building which is not subject to the condominium or cooperative form of ownership are
each responsible for ensuring compliance with the requirements of this section. The condominium
association or cooperative association is responsible for all costs associated with the milestone inspection
attributable to the portions of a building which the association is responsible to main tain under the
governing documents of the association. This section does not apply to a single-family, two-family, or
three-family dwelling with three or fewer habitable stories above ground.
110.9.5. Upon determining that a building must have a milestone inspection, the local enforcement
agency must provide written notice of such required inspection to the condominium association or
cooperative association and any owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership, as applicable, by certified mail, return receipt requested.
The condominium or cooperative association must notify the unit owners of the required milestone
inspection within 14 days after receipt of the written notice from the local enforcement agency and
provide the date that the milestone inspection must be completed. Such notice may be given by
electronic submission to unit owners who consent to receive notice by electronic submis sion or by posting
on the association’s website.
110.9.6. Phase one of the milestone inspection must be completed within 180 days after the owner or owners of
the building receive the written notice under Section 110.9.5. For purposes of this section, completion of phase
one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection
submitted the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local
enforcement agency.
110.9.7. A milestone inspection consists of two phases:
110.9.7.1. For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this
state shall perform a visual examination of habitable and nonhabitable areas of a building, including the major
structural components of a building, and provide a qualitative assessment of the structural conditions of the
building. If the architect or engineer finds no signs of substantial structural deterioration to any building
components under visual examination, phase two of the inspection, as provided in Section 110.9.7.2, is not
required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an
inspection report pursuant to Section 110.9.8.
110.9.7.2. A phase two of the milestone inspection must be performed if any substantial structural deterioration is
identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the
inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe for its intended use and to
recommend a program for fully assessing and repairing distressed and damaged portions of the building. When
determining testing locations, the inspector must give preference to locations that are the least disruptive and
most easily repairable while still being representative of the structure. If a phase two inspection is required, within
180 days after submitting a phase one inspection report the architect or engineer performing the phase two
inspection must submit a phase two progress report to the local enforcement agency with a timeline f or
completion of the phase two inspection. An inspector who completes a phase two milestone inspection shall
prepare and submit an inspection report pursuant to Section 110.9.8.
110.9.8. Upon completion of a phase one or phase two milestone inspection, the architect or engineer who
performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at
minimum, the material findings and recommendations in the inspection report to the condominium association or
cooperative association, to any other owner of any portion of the building which is not subject to the
condominium or cooperative form of ownership, and to the building official of the local government which has
jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed
the inspection.
(b) Indicate the manner and type of inspection forming the basis for the inspection report.
(c) Identify any substantial structural deterioration, within a reasonable professional probability based on the
scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for
such deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were
observed.
(e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial
structural deterioration.
(f) Identify and describe any items requiring further inspection.
110.9.9. Within 45 days after receiving the applicable inspection report, the condominium or cooperative
association must distribute a copy of the inspector-prepared summary of the inspection report to each
condominium unit owner or cooperative unit owner, regardless of the findings or recommendations in the report,
by United States mail or personal delivery at the mailing address, property address, or any other address of the
owner provided to fulfill the association’s notice requirements under chapter 718 or chapter 719, as applicable,
and by electronic transmission to the e-mail address or facsimile number provided to fulfill the association’s notice
requirements to unit owners who previously consented to received notice by electronic transmission; must post a
copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property;
and must publish the full report and inspector- prepared summary on the association’s website, if the association
is required to have a website.
110.9.10. A local enforcement agency may prescribe timelines and penalties with respect to compliance with this
section.
110.9.11. A board of county commissioners or municipal governing body may adopt an ordinance requiring that a
condominium or cooperative association and any other owner that is subject to this section schedule or
commence repairs for substantial structural deterioration within a specified timeframe after the local enforcement
agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after
receiving such report. If an owner of the building fails to submit proof to the local enforcement agency that repairs
have been scheduled or have commenced for substantial structural deterioration identified in a phase two
inspection report within the required timeframe, the local enforcement agency must review and determine if the
building is unsafe for human occupancy.
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 therefor 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 in accordance with
Section 105.2.
111.2 Certificate issued. After the building official inspects the building or structure and does not find 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.
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 building official.
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. A person shall not 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 where 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 disconnecting, the owner or occupant of the building, structure or service system shall be
notified in writing, as soon as practical thereafter.
SECTION 113
APPEALS
113.1 General. The Planning, Zoning and Adjustment Board shall hear and decide appeals of orders, decisions or
determinations made by the building official relative to the application and interpretation of this code.
113.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not
fully apply or an equally good or better form of construction is proposed. The board shall have no authority to
waive requirements of this code.
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.
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. Where 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 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.
116.2 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.
116.3 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 stru cture 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.
116.4 Method of service. Such notice shall be deemed pro perly 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 loca l 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.
116.5 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 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.
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 flood plain management ordinance shall apply to requests submitted to the building official for variances to the
provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of Section R322 of
the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code,
Building.
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Village Council
THRU: Chuck Huff, Village Manager
FROM: Caryn Gardner-Young, Community Development Director
DATE: January 11, 2024
SUBJECT: Ordinance – 1st Reading Amendment to R-1 Zoning Regulations for two-story
single-family dwellings re-adopt portions of Ordinance No. 2022-18 due to the
inapplicability of Senate Bill 250 to Palm Beach County
Background:
On October 27, 2022, the Village Council adopted Ordinance No. 2022-18, which included the
recommendations of the Ad Hoc Committee (and this Board). The new regulations address the
volume and massing of two-story single-family dwellings. These regulations are summarized as
follows:
Increasing the second-story front yard setback to 30 feet;
Increasing the second-story rear yard setback to 25 feet;
Increasing the second-story side yard setback to 15 feet;
Requiring building wall articulation on all walls with an unbroken plane over 15 feet in height
and 30 feet in length in the form of a wall perpendicular to the property line at a minimum
distance of 2 feet and extending parallel to the property line at a minimum of 10 feet; and
Limiting the floor area of the second story to 75% of the floor area of the first story.
Through the enactment of Section 14 of Chapter 2023-304, Florida Statutes (Senate Bill 250), the
Florida Legislature prohibited the Village from proposing any amendments to its land development
regulations that are more restrictive or burdensome. This law has been in effect since September
28, 2022, and any such amendments that violate this law would be considered void ab initio, meaning
they will have no effect from the date of adoption.
The Village Staff made the Village Council aware of the impact of Senate Bill 250. After discussing
the matter, the Village Council acknowledged that the provisions mentioned in the Bill were
preempted. However, they directed the Staff to issue a guidance statement encouraging property
owners to use the previous regulations as guidelines while constructing or significantly altering two-
story single-family dwellings. The Village Council also stated that they intend to re-adopt the
regulations upon the expiration of the preemption provision of Senate Bill 250 on October 1, 2024.
The regulations were repealed on October 12, 2023, by Ordinance 2023-17.
However, a bill was introduced and adopted during the most recent Special Session of the State
Legislature, which exempts Palm Beach County from the effects of Senate Bill 250. As a result, the
Village Council can now re-adopt the previously repealed regulations.
Discussion:
The Village Staff has been implementing the volume and massing regulations for two story single
family dwellings since its adoption in October of 2022. During the review of building permits since
2022, some implementation issues arose which the Village Staff would like to correct. Therefore,
Village Staff is recommending readopting the massing and volume provisions but with some
modifications.
First, the building articulation provision can be difficult to understand or explain, and Village Staff has
received consistent questions about it. Therefore, the Village Staff recommends deleting it. Building
articulation refers to the process of stepping and recessing external walls of a building to add scale
and visual interest. However, the Village Staff believes this design feature is already being addressed
in the code. The existing yard space regulations require a further setback for second stories, which
can divide the building wall into smaller parts. Additionally, under the current regulations, 75% of the
second floor cannot exceed the first story's floor area, reducing large, expansive blank walls.
Next, the staff is recommending adding additional language regarding blank walls. The proposed
language is intended to prevent long, monotonous walls. The language will mandate that 75% of
the blank walls must incorporate architectural features to create visual appeal and add diversity to
the community.
Finally, we recommend expanding the instances where the second-story setback exemption does
not apply to the rear property line. The regulations state that the second-story setback for the
backyard does not apply if any part of the rear lot line borders a waterway. However, the Village Staff
believes this exception should also extend to other open areas such as golf courses and other
parcels dedicated to recreation or open space (excluding vacant lots).
Planning, Zoning and Adjustment Board recommendation.
The Planning, Zoning and Adjustment Board discussed the Ordinance at their January 2, 2024
meeting. On a Motion by Board Member Cross and Seconded by Board Member Kennedy, the
Planning, Zoning and Adjustment Board (5-2 with Board Member Haigh and Board Member Hogarth
dissenting) recommended the Ordinance as presented by staff with the following modifications:
Section E should read as follows:
E. Wall treatment. All exterior walls shall contain articulation creating visual interest and
shall incorporate at least four (4) of the following features:
1. Masonry (but not flat concrete block).
2. Concrete or masonry plinth at wall base.
3. Belt courses of a different texture and color.
4. Projecting cornice.
5. Projecting metal canopy.
6. Decorative tile work.
7. Medallions.
8. Opaque, translucent, or transparent glass windows.
9, Vertical articulation.
10. Lighting fixtures.
11. Recesses.
12. A permanent architectural element or feature not listed above, as
approved by the village, that meets the intent of this section.
Recommendation:
The Village Staff requests Council consideration and approval of the proposed Ordinance on
first reading amending the Village’s Zoning Code to readopt the provisions relating to
massing two-story single-family dwellings preempted by Senate Bill 250, but with some
modifications. The Ordinance presented reflects the recommendation of the Planning, Zoning
and Adjustment Board.
Page 1 of 10
ORDINANCE NO. 2024-___ 1
2
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3
NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 4
45), “ZONING,” OF THE VILLAGE CODE OF ORDINANCES TO READOPT 5
CERTAIN REGULATIONS RELATING TO THE VOLUME AND MASSING 6
OF SINGLE-FAMILY DWELLINGS; AMENDING SECTION 45-27, “R-1 7
SINGLE-FAMILY DWELLING DISTRICT,” TO REQUIRE ADDITIONAL 8
SETBACKS FOR SECOND STORIES, LIMIT THE FLOOR AREA OF THE 9
SECOND STORY, AND PROHIBIT BLANK WALLS; PROVIDING FOR 10
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 11
CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER 12
PURPOSES. 13
14
WHEREAS, through the adoption of Ordinance No. 2022-18 on October 27, 2022, the Village 15
Council implemented the recommendations of the Ad Hoc Committee and adopted new 16
regulations to address the volume and massing of two-story single-family dwellings, including 17
additional second-story setbacks, building wall articulation requirements, and a limitation on the 18
floor area of the second story; and 19
20
WHEREAS, through the enactment of Section 14 of Chapter 2023-304, Laws of Florida (Senate 21
Bill 250), the Florida Legislature prohibited the Village from proposing or adopting more 22
restrictive or burdensome amendments to its land development regulations retroactive to 23
September 28, 2022 and declared any such amendments void ab initio; and 24
25
WHEREAS, through the adoption of Ordinance No. 2023-17 on October 12, 2023, the Village 26
Council formally recognized the statutory preemption, repealed the new regulations, and adopted 27
a guidance statement encouraging voluntary compliance; and 28
29
WHEREAS, through the enactment of Chapter 2023-349, Laws of Florida (House Bill 1C), the 30
Florida Legislature amended Section 14 of Chapter 2023-14 to remove Palm Beach County from 31
the prohibition against proposing or adopting more restrictive or burdensome amendments to its 32
land development regulations; and 33
34
WHEREAS, due to the removal of the statutory preemption, the Village Council wishes to 35
formally readopt the regulations relating to the volume and massing of two-story single-family 36
dwellings with certain modifications; and 37
38
WHEREAS, on January 2, 2024, the Planning, Zoning and Adjustment Board, sitting as the Local 39
Planning Agency, conducted a public hearing to review this Ordinance and provided a 40
recommendation to the Village Council; and 41
42
WHEREAS, having considered the recommendation of the Planning, Zoning and Adjustment 43
Board and conducted all required advertised public hearings, the Village Council determines that 44
the adoption of this Ordinance is in the interests of the health, safety, and welfare of the residents 45
of the Village of North Palm Beach. 46
Page 2 of 10
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 1
OF NORTH PALM BEACH, FLORIDA as follows: 2
3
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 4
5
Section 2. The Village Council hereby amends Article III, “District Regulations,” of 6
Appendix C (Chapter 45), “Zoning,” of the Village Code of Ordinances by amending Section 45-7
27, “R-1 Single-Family District,” to read as follows (additional language is underlined and deleted 8
language is stricken through): 9
10
Sec. 45-27. R-1 single-family dwelling district. 11
12
A. Uses permitted. Within any R-1 single-family dwelling district no 13
building, structure, land or water shall be used except for one (1) or 14
more of the following uses: 15
16
1. Single-family dwellings with accessory buildings 17
customarily incident thereto, subject to each of the 18
requirements set forth in this section and throughout this 19
chapter. 20
21
2. Public schools. 22
23
3. Parks and recreation facilities owned or leased by or 24
operated under the supervision of the Village of North Palm 25
Beach. 26
27
4. Detached fence storage areas. 28
29
5. Satellite dish antenna. 30
31
6. Community residential homes. Community residential 32
homes of six (6) or fewer residents which otherwise meet the 33
definition of a community residential home, provided that 34
such homes shall not be located within a radius of one 35
thousand (1,000) feet of another existing such home with six 36
(6) or fewer residents. 37
38
7. Family day care home. 39
40
8. Lamp post. 41
42
9. Decorative post structure. 43
44
B. Building height regulations. All single-family dwellings shall be 45
limited to two (2) stories and thirty feet (30’) in height. For the 46
Page 3 of 10
purposes of this subsection, height shall be measured from the 1
average elevation of the existing grade prior to land alteration for 2
properties outside of special flood hazard areas and from the 3
required design flood elevation for properties within special flood 4
hazard areas. Height shall be measured to the highest point of the 5
following: 6
7
1. the coping of a flat roof and the deck lines on a mansard roof; 8
9
2. the average height level between the eaves and roof ridges 10
or peak for gable, hip or gambrel roofs; or 11
12
3. the average height between high and low points for a shed 13
roof. 14
15
Decorative architectural elements, chimneys, mechanical 16
equipment, non-habitable cupolas, elevator shafts or similar 17
appurtenances shall be excluded from the foregoing height 18
restrictions. Rooftops shall not be used for pools, decks, or other 19
spaces to congregate. 20
21
C. Building site area regulations. The minimum lot or building site 22
area for each single-family dwelling shall be seven thousand five 23
hundred (7,500) square feet and have a width of not less than 24
seventy-five (75) feet, measured at the building line. 25
26
D. Yard space regulations. 27
28
1. Front yard. There shall be a front yard of not less than 29
twenty-five (25) feet for the first story and thirty (30) feet for 30
the second story measured from the street line to the front 31
building line. 32
33
2. Rear yard. There shall be a rear yard of not less than twenty 34
(20) feet for the first story and twenty-five (25) feet for the 35
second story measured from the rear building line to the rear 36
lot line. 37
38
3. Side yards. There shall be a side yard on each side of the side 39
building line of not less than ten (10) feet for the first story 40
and fifteen (15) feet for the second story. In the case of 41
corner lots, no building and no addition to any building shall 42
be erected or placed nearer than twenty (20) feet to the side 43
street line of any such lot. 44
45
Page 4 of 10
(a) For a distance of one block on streets intersecting 1
U.S. #1, measured from the right-of-way line of said 2
U.S. #1, side yards of at least twenty-five (25) feet in 3
depth shall be provided. 4
5
4. Applicability of second story setback. The second story 6
setback shall apply only to the roofed portion of the second 7
story of a two-story, single-family dwelling and shall not 8
apply to non-roofed second story patios or balconies. The 9
second story setback for the rear yard shall not apply if any 10
portion of the rear lot line abuts a waterway, golf course, or 11
other parcel dedicated in perpetuity to recreation or open 12
space. 13
14
E. Wall treatment. All exterior walls shall contain articulation creating 15
visual interest and shall incorporate at least four (4) of the following 16
features: 17
18
1. Masonry (but not flat concrete block). 19
20
2. Concrete or masonry plinth at wall base. 21
22
3. Belt courses of a different texture and color. 23
24
4. Projecting cornice. 25
26
5. Projecting metal canopy. 27
28
6. Decorative tile work. 29
30
7. Medallions. 31
32
8. Opaque, translucent, or transparent glass windows. 33
34
9. Vertical articulation. 35
36
10. Lighting fixtures. 37
38
11. Recesses. 39
40
12. An architectural element or feature not listed above, as 41
approved by the village, that meets the intent of this section. 42
43
Figure 1 Building Wall Articulation (Figure Deleted) 44
45
Page 5 of 10
F. Second-story floor area. The floor area of the second story of a 1
single-family dwelling shall not exceed seventy-five percent (75%) 2
of the floor area of the first story. For the purposes of this 3
subsection, floor area shall include all areas lying within the 4
building perimeter established by the interior side of the exterior 5
walls of the building, including garages, covered patios, and other 6
open-air exterior areas that are under roof. The floor area for the 7
second story shall include areas open to below. 8
9
E. Guidance on volume and massing of single-family dwellings. Due 10
to the legislature’s enactment of Chapter 2023-304, Laws of Florida 11
(Senate Bill No. 250), the village was required to repeal recently 12
adopted regulations relating to the volume and massing of single-13
family dwellings. However, to preserve the character of the 14
village’s existing single-family neighborhoods, the village 15
encourages the use of the following guidelines when constructing or 16
substantially altering single-family dwellings: 17
18
1. Second-story setbacks should be five (5) feet greater than the 19
required first-story setbacks. These enhanced setbacks 20
should apply to the roofed portion of the second story of a 21
two-story, single-family dwelling. 22
23
2. Building wall articulation should be provided on all walls 24
with an unbroken plane in excess of fifteen (15) feet in height 25
and thirty (30) feet in length. The articulation should be in 26
the form of a wall perpendicular to the property line at a 27
minimum distance of two (2) feet, extending parallel to the 28
property line a minimum of ten (10) feet, and should extend 29
evenly over the entire height of the building wall (see Figure 30
1 above). 31
32
3. The second-story of a single-family dwelling should not 33
exceed seventy-five percent (75%) of the floor area of the 34
first story. Floor area includes all areas lying within the 35
building perimeter established by the interior side of the 36
exterior walls of the building, including garages, covered 37
patios and open-air exterior areas under roof. The floor area 38
of the second story should include areas open to below. 39
40
The village council intends to readopt these regulations as of 41
October 1, 2024. 42
43
G F. Off street parking regulations. At least one parking space measuring 44
at least nine (9) feet by eighteen (18) feet (one hundred sixty-two 45
(162) square feet) shall be provided. All parking spaces shall consist 46
Page 6 of 10
of a durable surfaced area as approved by the community 1
development director, and may be enclosed in the dwelling, in an 2
accessory building or in an unenclosed area or a driveway. All 3
vehicles parking on a lot must be parked on a durable surface. 4
5
H G. Accessory structures. One detached automobile garage and one 6
open-air pavilion may be constructed on any lot within the R-1 7
single-family dwelling district provided that all requirements of this 8
chapter are met. Open air pavilions shall be subject to the following 9
additional conditions and restrictions: 10
11
1. Permitting. 12
13
(a) All open-air pavilions must be permitted in 14
accordance with all Florida Building Code and 15
Village Code requirements. 16
17
(b) Open-air pavilions meeting the definition of a 18
traditional chickee hut are exempt from the Florida 19
Building Code but shall be subject to consistency 20
review by the village. Consistency shall be 21
demonstrated through the issuance of a zoning 22
permit and shall require the submittal of the 23
following information: 24
25
(1) A survey that includes scaled dimensions of 26
the proposed structure, including setbacks; 27
28
(2) Proof that the builder of the chickee hut is a 29
member of either the Miccosukee Tribe of 30
Indians of Florida or the Seminole Tribe of 31
Florida (such proof consisting of a copy of 32
the trial member's identification card); and 33
34
(3) Drawings of the proposed structure 35
depicting, at a minimum, the overall design, 36
dimensions, roof materials, and height. 37
38
2. Dimensions. Open-air pavilions shall not exceed two 39
hundred (200) square feet in floor area. The floor area shall 40
be measured from outside the support posts, provided that 41
the roof overhang does not exceed three (3) feet from the 42
support posts. If the roof overhang exceeds three (3) feet, the 43
floor area shall consist of the entire roofed area. For 44
structures supported by a single-pole, i.e., umbrella shape, 45
Page 7 of 10
the floor area shall be measured from the drip line of the roof 1
material. 2
3
3. Height. Open-air pavilions shall not exceed twelve (12) feet 4
in height or the height of the principal building located on 5
the lot, whichever is more restrictive. For sloped roofs, the 6
height shall be measured at the mean roof height. 7
8
4. Location and Setbacks. 9
10
(a) No open-air pavilion may be erected within ten (10) 11
feet of the side property line. This side setback shall 12
be increased to twenty (20) feet for corner lots. 13
14
(b) No open-air pavilion may be erected within seven 15
and one-half (7½) feet of the rear property line. 16
17
(c) No open-air pavilion or any portion thereof may be 18
erected between the front line of the principal 19
building and the front property lot line, within a 20
utility or drainage easement, or within a required 21
landscape buffer. 22
23
5. Use restrictions. 24
25
(a) An open-air pavilion shall be used only for private 26
recreational activities as an accessory use to the 27
principal residential use and shall not be used for 28
habitation, for a tool room, storage room or 29
workshop, or for any commercial purpose 30
whatsoever. 31
32
(b) Open-air pavilions shall not be used for storage of 33
items of personal property, including, but not limited 34
to, the following: 35
36
(1) Operable or inoperable vehicles, boats, boat 37
trailers, utility trailers or similar items of 38
personal property; 39
40
(2) Building materials, lawn equipment, tools or 41
similar items; and 42
43
(3) Ice boxes, refrigerators and other types of 44
food storage facilities with the exception of 45
under-counter units. 46
Page 8 of 10
(c) No gas, charcoal or propane grills, stoves or other 1
types of cooking devices may be stored or utilized 2
within a traditional chickee hut. 3
4
6. Maintenance. Open-air pavilions shall be maintained in 5
good repair and in sound structural condition. Painted or 6
stained surfaces shall be free of peeling paint, mold and 7
mildew and void of any evidence of deterioration. 8
9
7. Design. 10
11
(a) Open-air pavilions, with the exception of traditional 12
chickee huts, pergolas and other structures with only 13
partial or slatted roofs, shall incorporate the same 14
types of building materials and be consistent with the 15
architectural theme or style of the main or principal 16
building. 17
18
(b) At the request of a property owner, the community 19
development director may approve the use of 20
different building materials or alternate architectural 21
themes or styles when such materials, themes or 22
styles are complementary to the main or principal 23
building. 24
25
(c) Should the community development director deny 26
the request for different building materials or 27
alternate architectural themes or styles, a property 28
owner may appeal this decision to the planning 29
commission by submitting a written request for a 30
hearing to the community development director 31
within thirty (30) calendar days of the date of the 32
determination. The appeal shall be placed on the next 33
available agenda and the decision of the planning 34
commission shall be final, subject only to judicial 35
review by writ of certiorari. 36
37
I H. Mechanical equipment. All non-roof-mounted mechanical 38
equipment shall be located behind the front building face of the 39
principal structure in either the side yard or the rear yard. Such 40
equipment shall be located adjacent to the principal structure 41
whenever practicable, provided, however, that all mechanical 42
equipment shall be located at least five (5) feet from the side 43
property line and at least seven and one-half feet (7½) from the rear 44
property line. 45
46
Page 9 of 10
J I. Minimum landscaped area. 1
2
1. All single-family dwellings shall have a minimum 3
landscaped area of thirty percent (30%). 4
5
2. All single-family dwellings (both one and two story) shall 6
provide a minimum landscaped area of fifty percent (50%) 7
in the required twenty-five-foot (25’) front yard setback. 8
Properties with frontage along urban collector roads 9
(Lighthouse Drive and Prosperity Farms Road) shall provide 10
a minimum landscaped area of forty percent (40%) in the 11
required twenty-five-foot (25’) front yard setback. 12
Properties having an irregular lot shape, meaning a lot which 13
is not close to rectangular or square and in which the width 14
of the property at the front property line is less than required 15
by the underlying zoning district, shall provide a minimum 16
landscaped area of twenty-five percent (25%) in the required 17
twenty-five-foot (25’) front yard setback. 18
19
3. A property owner who meets the overall minimum 20
landscaped area requirement set forth in subsection (1) 21
above and who does not meet the minimum landscaped area 22
requirement in the twenty-five-foot (25’) front yard setback 23
set forth in subsection (2) above may request a waiver of up 24
to five percent (5%) of the minimum required area by filing 25
a request with the Community Development Department. 26
The request shall be forwarded to the Planning Commission 27
for final action. A property owner seeking such a waiver 28
shall be required to demonstrate to the Planning Commission 29
that he or she has made a reasonable attempt to comply with 30
the required minimum landscaped area within the front yard 31
setback and has mitigated any deficiency through the 32
installation of enhanced landscaping materials, the use of 33
permeable hardscape materials or some other acceptable 34
means. 35
36
For the purposes of this subsection, the term minimum landscaped 37
area shall mean a pervious landscaped area unencumbered by 38
structures, buildings, paved parking lots, sidewalks, sports courts, 39
pools, decks, or any impervious surface. Landscape material shall 40
include, but not be limited to, grass, ground covers, bushes, shrubs, 41
hedges or similar plantings, or decorative rock or bark. No landscape 42
material shall be used for parking. However, pervious surfaces used 43
for the parking of recreational equipment in side and rear yards shall 44
be included in the calculation of the minimum landscaped area. 45
46
Page 10 of 10
With respect to building permits for renovations of existing single-1
family dwellings, the minimum landscaped area standards shall 2
apply only to the extent that the proposed scope of work impacts the 3
applicable standard. 4
5
I J. Maximum driveway width in swale. The total width of driveways 6
from the edge of the public roadway to the abutting privately-owned 7
property shall not exceed a total of thirty-two feet (32’) in width at 8
the property line, excluding flares. For lots with ninety (90) or more 9
feet of public roadway frontage, the total width of driveways from 10
the edge of the public roadway to the abutting privately-owned 11
private shall not exceed a total of forty feet (40’) in width at the 12
property line, excluding flares. Each side of a flared driveway shall 13
be no more than three feet (3’) wider than the rest of the driveway. 14
15
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 16
the Village of North Palm Beach, Florida. 17
18
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for 19
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, 20
such holding shall not affect the remainder of this Ordinance. 21
22
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 23
conflict herewith are hereby repealed to the extent of such conflict. 24
25
Section 6. This Ordinance shall take effect immediately upon adoption. 26
27
PLACED ON FIRST READING THIS _____ DAY OF ________________, 2024. 28
29
PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 30
2024. 31
32
33
(Village Seal) 34
MAYOR 35
36
ATTEST: 37
38
39
VILLAGE CLERK 40
41
APPROVED AS TO FORM AND 42
LEGAL SUFFICIENCY: 43
44
45
VILLAGE ATTORNEY 46
VILLAGE OF NORTH PALM BEACH
POLICE DEPARTMENT
TO: The Honorable Mayor and Members of the Village Council
THRU: Chuck Huff, Village Manager
FROM: Keith Davis, Fleet Manager
DATE: January 11, 2024
SUBJECT: RESOLUTION – Approving the purchase of Police Boat Replacement for
Marine 1 from Sirocco Marine LLC in the amount of $159,389.00, the
purchase of two Police Boat engines from Nick’s Creative Marine, Inc. in the
amount of $48,000.00, and waiving the Village’s purchasing policies and
procedures.
Village Staff is recommending Village Council consideration and adoption of a Resolution approving
the purchase of a new Fluid Watercraft Patrol 29 Rigid inflatable boat to replace the current Marine 1
patrol boat and the purchase of two (2) Suzuki outboard engines.
Background:
The Police Department utilizes Marine 1 for police operations. The current boat was submerged and
has been rendered inoperable. The insurance company is looking to total the current boat.
Purchasing:
The Police Department is requesting to purchase a 2023 Fluid Watercraft Patrol 29 Rigid inflatable
boat. Because the current Marine 1 boat is inoperable, the purchase of a new boat is of paramount
importance to the Police Departments’ marine unit. The new boat is currently built and ready to pull
off the lot. In lieu of ordering a replacement boat, which would require a significant wait time before
the Village is able to put the new boat in the water, staff is requesting a waiver of the Village’s
purchasing policies for the purchase of both the boat and motors. The waiver is necessary to place
the boat into operation as quickly as possible in the event of an emergency.
Staff is also requesting that the two (2) Suzuki outboard motors be purchased from Nick’s Creative
Marine. These motors will come with a five-year warranty in lieu of the one-year warranty if the motors
are purchased from the boat dealer. The Village recently purchased a pair of boat motors from Nick’s
Creative Marine and was satisfied with the product and service that the vendor provided. Nick’s
Creative Marine also performs routine maintenance on the Police Department’s other boat motors.
The cost breakdown is as follows:
Sirocco Marine (boat) $159,389.00
Nick’s Creative Marine (engines) $ 48,000.00
Total cost of purchase: $207,389.00
Funding:
This is not a budgeted expense; however, the cost will be offset by insurance proceeds for the
damage to the existing boat. Based on the report by PDA the Village anticipates receiving
$220,000 from insurance for the Police Boat. A budget amendment will be prepared at year-end
if necessary.
Account Information:
Fund Department Account
Number Account Description Amount
General Fund Police A5711-66410 Automotive $207,389.00
The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village
Attorney.
Recommendation:
Village Staff recommends Council consideration and approval of the attached Resolution
authorizing the purchase of a Fluid Watercraft Patrol Boat from Sirocco Marine LLC to
replace the current Marine 1 patrol boat and the purchase of two Suzuki outboard engines
from Nick’s Creative Marine, Inc. at a total cost of $207,389.00, with funds expended from
Account No. A5711-66410 (Police – Automotive), and waiving the Village’s purchasing
policies and procedures.
RESOLUTION 2024-
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING THE PURCHASE OF A FLUID
WATERCRAFT PATROL BOAT FROM SIROCCO MARINE LLC TO REPLACE
THE POLICE DEPARTMENT’S MARINE 1 PATROL BOAT AND THE
PURCHASE OF TWO SUZUKI OUTBOARD ENGINES FROM NICK’S
CREATIVE MARINE, INC.; WAIVING THE VILLAGE’S PURCHASING
POLICIES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Police Department’s Marine 1 patrol boat was submerged and has been rendered
inoperable and declared a total loss by the Village’s insurance provider; and
WHEREAS, to address potential emergencies and allow the Department to resume operation of
Marine 1 as soon as possible, Village Staff is recommending the purchase of an existing 2023 Fluid
Watercraft Patrol 29 Rigid Inflatable Boat from Sirocco Marine LLC , the purchase of two Suzuki
outboard engines from Nick’s Creative Marine, Inc., and a waiver of the Village’s purchasing policies
and procedures; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the Village and its residents.
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 the purchase of one 2023 Fluid Watercraft Patrol
29 Rigid Inflatable Boat from Sirocco Marine LLC at a cost of $159,389.00 and the purchase of two
Suzuki outboard engines from Nick’s Creative Marine, Inc. at a cost of $48,000.00 (for a total
expenditure of $207,389.00), with funds expended from Account No. A5711-66410 (Police –
Automotive).
Section 3. In approving this purchase, the Village Council waives all conflicting purchasing
policies and procedures.
Section 4. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS ____ DAY OF ____________, 2024.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
PDA Offices Independently Owned and Operated
DETAILED REPORT
Policy No.Assured
Claimant Claim No.
INSPECTION MADE BYDATE CLOSED
F197 Revised 3/02
F197_Detailed_Rpt.fml
Insured Village of North Palm Beach
1157088
Replacement Cash Value quote: Virgil @ Gus's Toy Box, LLC authorized Contender Boat Dealer 104001 Overseas Hwy Key Largo FL
2023 Contender 28T with twin 300 HP Yamaha 4 Stroke O/B engines $220.00.00
11/09/2023 Charlie vourakis11/20/2023 2:43:20 PM Rec'd Johns Eastern Co.
From:Name:
Phone:
Email:
To:Name:Michael Abramczyk
Phone:561-848-2525
Email:mabramczyk@village-nnpb.org
Company:North Palm Beach Police Dept. Marine Unit
Date:
Subject: Qt2310‐0250rev1‐ SRA 900‐ North Palm Beach PD
Justin Antolini
410-443-6439
Justin.Antolini@ZodiacMilPro.com
10/26/2023
Zodiac of North America is pleased to present the following quote for the SRA 900.
Accompanying the quote are general assembly renderings of your vessel, showing basic configuration and layout of
the SRA 900 Vessel.
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0523
1. PRICE & CONFIGURATION
QTY
1
1
1
1
1
1
1
1
1
2
1
1
Nav-Com Package
1
1
1
1
1
1
1
1
1
1
1
1
Propulsion System
1
1
1
RHIB
Hull Equipment
Structural Equipment
**Engines can be changed to Customer Preference**
Mercury Verado 300hp Twin Engine Configuration
Mercury 300hp Twin Engine Prerig
Propellers
Flir M232 Pan and Tilt w/ JCU 3 controller
GoLight LED Package
Hella LED Nav Light Package
Lumitec Dome Light
-Scanstrut 6" Radar Mount
Whelen, Siren/Police Lightbar Package
Rigid LED Flood Light Package
Garmin 8612XSV Chart plotter
Garmin 18x Fantom Black Radome
Garmin GT51M-THP Transducer
Ritchie Compass F-82
Garmin, 215 VHF Marine Radio
Custom Storage Cabinet
SRA 900 Tow Package, Bow Post, Tow Post, and Rope Guard
- Windshield Glass Package
- Isinglass Three-sided Enclosures
Milpro Air Shock Mitigating Bolster Duo Seat
Storm Console
Antifoul/ Bottom Paint
Lenco Trim Tabs
Sea Dek Floor Matting
- Black Bow Skirt
SRA 900 Aluminum Hull
SRA 900 Air Holding Collar
SRA 900 Extended
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0523
QTY
1
1
1
1
1
1
1
1
1
1
1
1
SRA 950 North Palm Beach PD Sales Price: 408,000.00$
Logos and Lettering, To Be Determined by Customer
Seatrail
Delivery Prep
Boat Master 9M Boat Trailer
Prosport Battery Trickle Charger
8 Switch Electrical System
Misc. Items
Standard Equipment
Electrical System
2 Eng. 3 Battery System
Bilge Pump Package
Ventilation Package
Label/ Warming Package
SRA 900 Steering System
SRA 900 Fuel System
SRA 900 Extended
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0523
2. PRICE & CONFIGURATION
Price:
All prices are in USD, taxes not shown. No sales tax to be charged if customer can provide Sales and
Tax Resale/Exemption Certificate. Sales and Resale/Exemption Certificate must be provided to ZNA at time of
order.
Shipping Terms:
Incoterms 2020, EX-WORKS Stevensville Maryland, USA
ZNA Proposed Payment Schedule:
25% At Time of Order
50% At Completion of Hull Production
25% At Time of Successful Sea Trial
Delivery:
Estimate Date of Readiness to be Shipped: 12-14 Months from Date of PO
Validity:
Prices shown on this quote sheet are valid for 90 Days from Date of Quote.
General Selling Conditions:
1. All custom orders are not returnable.
2. Payments made by credit cards may be subject to a 3% processing fee.
3. Packaging, freight, and shipping fees are estimates. The actual amount will be provided at time of invoicing
plus a 15% administration fee.
4. Late payments are subject to a 2% per month late fee.
Best Regards,
Justin Antolini Alec Pupshis
Sales Director Project Manager
Zodiac of North America Zodiac of North America
Acceptance of Order:
I agree to the terms and prices of this proposition
NAME:
COMPANY:
SIGNATURE
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0523
SRA 900 North Palm Beach FL. PD
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
From:Name:
Phone:
Email:
To:Name:Michael Abramczyk
Phone:561-848-2525
Email:mabramczyk@village-nnpb.org
Company:North Palm Beach Police Dept. Marine Unit
Date:
Subject: Qt2310‐0250‐ SRA 1050‐ North Palm Beach PD
410-443-6439
Justin Antolini
Justin.Antolini@ZodiacMilPro.com
10/13/2023
Zodiac of North America is pleased to present the following quote for the SRA 1050.
Accompanying the quote are general assembly renderings of your vessel, showing basic configuration and layout
of the SRA 1050 Vessel.
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0123B
1. PRICE & CONFIGURATION
QTY
1
1
1
1
1
1
1
1
1
2
1
1
Nav-Com Package
1
1
1
1
1
1
1
1
1
1
1
1
Propulsion System
1
1
1
Mercury Verado V10 400hp Twin Engine Configuration
Garmin, 215 VHF Marine Radio
Garmin 8612XSV Chart plotter
Garmin 18x Fantom Black Radome
Garmin GT51M-THP Transducer
Hella LED Nav Light Package
Lumitec Dome Light
Storm Console
Custom Storage Cabinet
Lenco Trim Tabs
Antifoul/ Bottom Paint
Extended
Hull Equipment
Structural Equipment
SRA 1050
SRA 1050 Aluminum Hull
SRA 1050 Air Holding Collar
- Black Bow Skirt
**Engines can be changed to Customer Preference**
RHIB
SRA 1050 Tow Package, Bow Post, Tow Post, and Rope Guard
- Windshield Glass Package
- Isinglass Three-sided Enclosures
Milpro Air Shock Mitigating Bolster Duo Seat
Sea Dek Floor Matting
Ritchie Compass F-82
-Scanstrut 6" Radar Mount
Whelen, Siren/Police Lightbar Package
Rigid LED Flood Light Package
GoLight LED Package
Mercury 400hp Twin Engine Prerig
Propellers
Flir M232 Pan and Tilt w/ JCU 3 controller
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0123B
QTY
1
1
1
1
1
1
1
1
1
1
1
1
Extended
SRA 1050 Steering System
SRA 1050 Fuel System
SRA 1050
2 Eng. 3 Battery System
Bilge Pump Package
Ventilation Package
Label/ Warming Package
Standard Equipment
Electrical System
Prosport Battery Trickle Charger
8 Switch Electrical System
Logos and Lettering, To Be Determined by Customer
Misc. Items
520,000.00$
Seatrail
Delivery Prep
Boat Master 11M Boat Trailer
SRA 1050 North Palm Beach PD Sales Price:
Total Sales Price Rigged and Shipped:
10,000.00$
530,000.00$
Shipping Estimate from Stevensville, MD to North Palm Beach FL:
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0123B
2. PRICE & CONFIGURATION
Price:
All prices are in USD, taxes not shown. No sales tax to be charged if customer can provide Sales and
Tax Resale/Exemption Certificate. Sales and Resale/Exemption Certificate must be provided to ZNA at time of
order.
Shipping Terms:
Incoterms 2020, EX-WORKS Stevensville Maryland, USA
ZNA Proposed Payment Schedule:
25% At Time of Order
50% At Completion of Hull Production
25% At Time of Successful Sea Trial
Delivery:
Estimate Date of Readiness to be Shipped: 12-14 Months from Date of PO
Validity:
Prices shown on this quote sheet are valid for 90 Days from Date of Quote.
General Selling Conditions:
1. All custom orders are not returnable.
2. Payments made by credit cards may be subject to a 3% processing fee.
3. Packaging, freight, and shipping fees are estimates. The actual amount will be provided at time of invoicing
plus a 15% administration fee.
4. Late payments are subject to a 2% per month late fee.
Best Regards,
Justin Antolini Alec Pupshis
Sales Director Project Manager
Zodiac of North America Zodiac of North America
Acceptance of Order:
I agree to the terms and prices of this proposition
NAME:
COMPANY:
SIGNATURE
Zodiac of North America
540 Thompson Creek Road, Stevensville MD FR-008, Rev0123B
North Palm Beach Fl. PD SRA 1050
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR
FR-015 - ZNA Letterhead
Rev - IR