Item H11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2015 Division: Growth Manageme
Bulk Item: Yes _ No X Department: Buildine
Staff Contact /Phone #: Christine Hurley
305 289-2517
AGENDA ITEM WORDING: Discussion of Federal Emergency Management Agency (FEMA)
Community Assistance Visits (CAVs)
ITEM BACKGROUND: As you know, FEMA ended the Downstairs Enclosure Pilot program in
2013. Around the same time, the County was mandated to implement a Permit Referral Process (PRP),
based upon the FEMA injunction lawsuit settlement that resulted in the Federal Fish and Wildlife
Service (FWS) issuing a Biological Opinion (BO) to determine the impacts of permitting within
endangered species areas within Monroe County. The BO Reasonable and Prudent Assurance (RPA)
document indicated:
"FEMA will coordinate with the FWS every 6 months to evaluate the extent of compliance with
the Act for proposed floodplain development in participating communities in Monroe County. FEMA
will require communities to maintain whichever is obtained, either the Section 10 or Section 7
consultation in the administrative record for the floodplain development permit file for future review
by FEMA during the CAVs. FEMA will visit participating communities in Monroe County every 6
months."
The County is currently receiving a Community Assistance Visit (CAV) on a six-month schedule.
However, instead of FEMA only focusing on compliance under the FEMA/FWS BO, RPA, they have
been conducting CAVs every 6 months on our Floodplain Program. We requested a CAV for the
Floodplain program, since we are required to obtain a "letter of good standing" so we are eligible to
participate in the Community Rating System, which would then make available between a 5% and 45%
flood insurance discount to our residents.
Unfortunately, FEMA has conducted 5 CAVs as follows (the CAV highlighted in yellow is the one we
requested to obtain the letter of good standing):
• 2/25-26/2013
• 8/5-6/2013
• 2/24-25/2014
• 8/11-12/2014
• 2/25-26/2015
Having CAVs every 6 months makes the response schedule difficult. Based on the CAVs we have
several process/procedural changes to make within our permitting system to be in good standing. The
finding by FEMA included good recommendations and we will be proposing changes to our processes
shortly. With these in place, our future floodplain development permitting should meet all FEMA
criteria. However, upon the last submittal to FEMA we requested additional time to respond to the
CAVs, since we are now "backed up" and in a perpetual resubmittal cycle, trying to comply. Further,
FEMA has requested we go back to permits that were closed out and given certificates of occupancy to
obtain further data or calculations related to:
• Elevation Certificates,
• Flood -proofing Certificates and Management Plans,
• V-Zone certifications and calculations,
• Substantial damage analysis for existing homes under remodel and for damage assessment after
a storm,
• Manufactured/modular home information, and
• The Status of the FEMA Pilot Inspection Procedure.
We contend FEMA ended the Pilot Program and required us to implement the FEMA Remedial Plan
attached.
The letter we sent to FEMA dated March 31, 2015 (attached) is another request requesting a time
extension to respond for a 3rd time to the CAVs performed on 2/25-26/2013 and 8/5-6/2013, which we
responded to on 8/2/13, 8/19/14, 5/30/14, and 8/19/14. FEMA followed up to our responses on
12/22/14. We requested additional time on 1/14/15 and were denied additional time on 1/29/15.
Staff met with County Attorney Shillinger and his staff to go over our challenges in responding to some
of the issues FEMA has raised and we will be working on a response over the next few months. We
have requested a time extension in the attached letter to July 1, 1015. Lori Lehr, recently retained
Floodplain Administrator, is assisting the County in these responses.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Depending upon FEMA's response to March 31, 2015 letter,
seek assistance from Federal Lobbyists.
TOTAL COST: INDIRECT COST: BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
County of Monroe
Growth Management Division
Building Department
2798 Overseas HIghway
Suite # 300
Marathon, FL 33050
Voice: (305) 289-2501
FAX (305) 289-2515
We strive to be caring, professional, and fair.
March 31, 2015
FEMA Region IV
US Department of Homeland Security
3003 Chamblee -Tucker Road
Atlanta, GA 30341
ATTN: Susan Wilson, CFM, Chief
Floodplain Management and Insurance Branch
Board or County Commissioners
Mayor Danny L. Kolhage, Dist. 1
Mayor Pro Tern Heather Carruthers, Dist. 3
George Neugen4 Dist. 2
David Rice, Dist. 4
Sylvia Murphy, Dist, 5
RE: Response for extension of Monroe County CAV, including CAV issues conducted on February
25-26, 2013 and August 5-6, 2013 in response to letters from FEMA dated December 22, 2014, January
14, 2015, and January 29, 2015
Dear Ms. Wilson,
Monroe County is committed to the resolution of any floodplain management issues and to being in full
compliance with the National Flood Insurance Program (NFIP). The County is currently receiving a
Community Assistance Visit (CAV) on a 6-month schedule. As you are aware, this schedule makes it
very difficult to respond to one CAV while preparing for the next. This process has created a tremendous
backlog of work for the County staff however; the County has been diligent in responding to issues
related to each CAV as evidenced by the attached (Exhibit 1). Although the County has submitted
multiple responses over the course of a year, the December 22, 2014 CAV report, that encompassed two
(2) CAVS whereby no CAV had been conducted in the County since 1995, FEMA gave the County less
than 40 days to respond to the December 22, 2014 letter and the County's request for an extension was
denied in your letter dated January 29, 2015.
While the County intends to address the ongoing CAVs originally conducted in February and August
2013, and has hired a third FEMA floodplain administrative person solely dedicated to the CAV
responses and CRS work, we cannot develop a third response to the February 25-26, 2013 and August
5-6, 2013 CAV issues that were brought forward in the December 22, 2014 CAV letter in the requested
time frame.
We are facing many difficulties with very old pending CAV issues dating back to 1994. The County is
being required to produce new Elevation Certificates, V Zone Certifications, and Floodproofing
Certification for structures that received a Certificate of Occupancy prior to the February 2013 CAV.
The compliance documents on file met the code at the time the hermits were issued, so understandably, it
is difficult to get design professionals to respond to these types of requests. At the same time we have
developed policies, adopted code, and put procedures in place to address the CAV deficiencies. The
County has been working diligently to address each and every issue and has shown a vast improvement
regulating in the floodplain. Also, as you mentioned in your letter, it is all but impossible to move
forward when we no sooner finish with one CAV and Dr. Inmula is back for another 6-month CAV.
We maintain the position that the purpose of the 6-month visits mandated by the Stipulated Agreement
between the National Wildlife Federation, Florida Federation and Defenders of Wildlife and the Federal
Emergency Management Agency is to monitor the implementation of the Reasonable and Prudent
Alternatives (RPAs) related to the requisite consultation under the Endangered Species Act. In fact, it
seems clear that the visits are to monitor actions described in the RPA per RPA #7 below:
7, Pursuant to CFR 5?4. FEMA will monitor the participating connnt 'ities'
compliance with the conditions of any --not likely to adversely affect" effect
determination or any section 7 or section 10 incidental take authorizations and their
implementWe terms and conditions E will coordinate with the Service every
months to evaluate the extent of compliance with the Act for proposed floodplain
development ut participating conumunties m Monroe County. FEMA,%ill require the
commutities to maintain. whichever is obtained. either the Section 1 (a 1)() permit or
the completed section 7 consultation in e a s , ti`e record for the floodplain
development permit file for future review by FEMA during_ their community assistance
visits. FElvLA will visit participating communities in Monroe County every months.
DuriAiz co risits to participating
cominunitics in oe County. FEMA will
evaltuitc the administrative records maintained by the participating community n
floodplam development pemiits issued for proposed actions described in this RPA t
ensure compliance %%ith the RPA requirements- FENIA will itse informationprovided
the Service or other Federal. State. or local agencies to achieve this purpose. FEIVLk will
treat any violation of the procedures established under a RPA as a substantive program
deficiency or tiolation tinder 44 CFR 6.
We request that future visits conducted by Dr. Prasad lnmula be limited to Stipulated Agreement which
will allow the County the time to implement policies and take actions to address the balance of the action
items in your letter dated December 22, 2014. Please note that the CAV letter was in response to a
second submission of documentation by the County on August 19, 2014, pursuant to the August 2013
CAV. Although it is completely understandable that it would take some time to review the large number
of documents submitted, the time delays have also contributed to tenuous time burden created by this
process.
All factors considered, we respectfully request an extension until July 1, 2015 to address the CAV letter
dated December 22, 20I4. It is our intention to continue to compile the requested documentation,
develop and implement the necessary ordinance and policy revision, and coordinate with the County
Attorneys as requested by Dr. Inmula. The visits have added value to our floodplain management
programs and we look forward to being considered in full compliance with the NFIP. Your continued
community assistance is greatly appreciated.
Cc: Board of County Commissioners
Roman Gastesi, County Administrator
Jesse Munoz, Director, Mitigation Division, FEMA Region IV
Bryan Koon, Director, Florida Division of Emergency Management
Steve Martin, Florida NFIP Coordinator
Prasad Inmula, FEMA Region IV
Bob Shillinger, County Attorney
Exhibit 1
Community Assistance Visit (CAV) Timeline
CAV Visit
CAV letter
County
FEMA County
FEMA Remaining outstanding items
response
Follow up Follow up
Follow up
Letter letter to
letter
FEMA
follow up
2/25 — 26/13
5/23/13
8/2/13
12/22/14 1/14/15
1/29/15 Status of the Pilot Inspection Procedure
8/5 -6/13
11/22/13
8/19/14
Elevation Certificates Compliance
5/30/14
Floodproofing Certificates and Management Plans
8/19/14
V-Zone Certifications and Calculations
Procedures for review and determination of "substantial
damage"
Manufactured and Modular Homes
Submit -for -Rate
2/24 — 25/2014
1/16/2015
5/30/2014
Status of the Pilot Inspection Procedure
Elevation Certificates
Floodproofing Certificates
V-Zone certifications for structures in coastal high hazard
areas
Procedures for review and determination of Substantial
Improvement"
8/11-12/2014
1/16/2015
3/25/15
Status of the Pilot Inspection Procedure
Elevation Certificates
Floodproofing Certificates
V-Zone certifications for structures in coastal high hazard
areas
i
Procedures for review and determination of "Substantial
Improvement'
2/25—26/2015
JUN 13 202
The Honorable David Rice
Mayor, Monroe County
Board of County Commissioners
530 Whitehead Street
Key West, Florida 33040
Dear Mayor Rice:
F,.
U.S. Depwftwd of Hanolm! Sea ft
WaWna0xi. DC 20472
AECEIyED
JUN 1-7 2013
MONROE CftrrV 4TrOR,
In our letter dated December 29, 2011, we informed you that the Pilot Inspection Procedure (Title 44
of the Code of Federal Regulations, Section 59.30) for Monroe County was extended until June 28,
2013. This letter is to inform you that the Pilot Inspection Procedure will conclude effective July 1,
2013.
We commend you for adopting a higher regulatory standard in the County's floodplain management
ordinance that limits the size of the floodprone enclosures to 299 square feet. We expect that this
has discouraged property owners from converting these enclosures into habitable areas.
It is imperative that the County continue to use all existing compliance and code enforcement
options available to them through the adopted flood damage prevention ordinance, and other
ordinances, to ensure that development in the County remains compliant with the County's
ordinances as well as the National Flood Insurance Program (NFIP) regulations. While Monroe
County has fulfilled a majority of its obligations under 44 CFR §59.30, approximately 2,500
structures located in areas of special flood hazard still remain to be inspected.
The amended Florida Statute 553.79 Section 17(a) limited local enforcement agencies, building code
administrators, inspectors or other official or entity from requiring 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 as a
condition of issuance of a one- or two-family residential building permit. Section 17 (b) limits the
applicability of section 17 (a) as follows:
1. A substantial improvement as defined in Florida Statute 161.54 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 Florida statute
553.507 (2) or as defined in the Florida Building Code.
4. An historic building as defined in the Florida Building Code.
Further, this subsection did not prohibit (Section 17 (c)1.) a local enforcing agency, or any local
building code administrator, inspector, or other official or entity, from citing any violation
inadvertently observed in plain view during the ordinary course of an inspection conducted in
accordance with the prohibition in Section 17 (a). Section 17 (c) provides for additional situations of
WW. fumpv
JUN 13 2013
inspection also. This suggests that the Monroe County code enforcement officials do have adequate
avenues to inspect potential violations of its flood damage prevention ordinance even in the case of
one- to two-family residential buildings.
FEMA will closely monitor NFIP/Endangered Species Act compliance through the semiannual
Community Assistance Visits. It is our intention not to rearnrect the Inspection Procedure if there
are future compliance issues. Instead, we will impose the NFIP's traditional sanctions — probation
and suspension — in accordance with 44 CFR §59.24, should the degree of noncompliance warrant.
We appreciate your diligence in implementing and enforcing the County's floodplain management
and other ordinances to prevent noncompliance for the development activities, including new
construction and substantial improvements as defined in 44 CFR §59.1, that are located in areas of
special flood hazard. We continue to stand ready to offer any assistance your staff may need in
achieving compliant floodplain development.
If your staff has any questions, please continue to contact Dr. Prasad Inmula by telephone at (770)
220-8841 or by email at prasad.inmul@@femadhs.gov. We look forward to working with you.
Sincerely,
David L. Miller
Associate Administrator
Federal Insurance and Mitigation Administration
cc: Bob Shillinger, Monroe County Attorney
Jerry Smith, Monroe County Building Official
Joy Duperault, Florida NFIP Coordinator
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 152-2003 OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A 2011 IMPLEMENTATION
PLAN FOR THE FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM FOR
SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution No. 152-2003 on
April 16, 2003, approving a revised remedial plan for submittal to the Federal Emergency Management
Administration (FEMA), called the "Revised Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program" to meet one of the requirements identified in a letter from FEMA's
Region IV Director, dated January 14, 2002; and,
WHEREAS, the "Revised Implementation Plan for Monroe County Flood Insurance Inspection
and Compliance Program" was subsequently approved by FEMA; and,
WHEREAS, the State of Florida Legislature adopted House Bill 407 (attached as Exhibit 2) that
has rendered Section 1 of Exhibit 1 of Resolution 152-2003 "Actions to Ensure No New Additional
Non-coMonming Structures", concerning inspection of a downstairs enclosure prior to Issuance of a
building permit unenforceable; and,
WHEREAS, Monroe County received confirmation from FEMA oificials that if House Bill 407 was
passed by the Florida Legislature, FEMA would consider an alternative replacement remedial action to
continue to assure the County is working toward the elimination of illegal enclosures below base flood
elevation; and
WHEREAS, the Growth Management Division staff Is preparing draft amendments to the
County's floodplain regulations in accordance with the new Implementation plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1• The BOCC hereby adopts Exhibit 1 attached hereto "2011 Implementation Plan for
Monroe County Flood Insurance Inspection and Compliance Program".
Section 2. The County Administrator is directed to expeditiously transmit this Resolution and
attached exhibit to the Region IV Office of FEMA.
Section 3. The Growth Management Division staff is directed to prepare new amendments to the
County's floodplain regulations based on Exhibit 1 and continue the process for consideration of these
text amendments.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the 14°i day of December, 2011. ^,
Mayor David Rice
Mayor Pro Tel" Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
L. KOLHAGE, CLERK
0 BY
Clerk Mayor Davi ce
Yes
Yes
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Yes
Yes
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MONIROEVOUNTY ATTORNEY
P R VE4AST0 FO
[Date:
EXHIBIT 1
2011 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002, the Growth Management Division staff submitted a complete list
of the names and addresses of owners (policy holders provided by FEMA) of all
structures less than four years old that may contain possible violations of the County's
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
(FEMA/NFIP).
In June, 2002, the County Growth Management Division staff began submitting monthly
to FEMA/NFIP, the names and addresses of approximately -50 owners (policy holders) of
structures with possible conflicts with violations of the County's floodplain regulation. The
compiled lists are being sent to FEMA, starting with the newest structures working back
through to the oldest structures. In November, 2010, the last of the policy holders were
submitted to FEMA/NFIP and the County's Building and Code Enforcement staff is
conducting inspections and Implementing the Flood Insurance Inspection and Compliance
Program as outlined in the Federal Register.
o In addition to the floodplain Compliance program in the Federal Register, the County has
developed two additional Floodplaln Compliance Programs to gain compliance with
floodplain regulations:
1. Inspection on Transfer Program; and
2. Certificate of Compliance Program
Remediation of Non -conforming Structures Including Those Older than Four Years
There is no 4 year bar of prosecution for structures that do not meet floodplain regulations, that did not
receive permits and were constructed Illegally and therefore, Monroe County shall enforce floodplain
requirements for any structure that has been constructed or improved without benefit of a permit or
approval from Monroe County to the greatest extent enforceable by law.
Actions to Ensure No New Additional Illegal Structures
o The County through Its County Growth Management Division will implement the following
actions, consistent with the Florida Statutes, to ensure that any new conflicts between
the way structures were originally permitted and with the floodplain regulations are
resolved timely:
1) Inspection on Transfer of Ownership Program. Maintain the existing floodplain
regulations and appropriate sections of the County Code to require that any
residential structure having a downstairs enclosure with an opaque wall covering
have a County compliance inspection prior to transfer of property; and to provide
that such inspections required prior to the transfer of property can be conducted, at
the discretion of the property owner, by either the County staff or a registered
architect or professional engineer. [The requirement for an inspection prior to the
transfer of property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer. The sole intent of this
inspection is to provide information for recording and monitoring improvements to
1
downstairs enclosures subject to the County's floodplain regulations. This inspection
Is not Intended to be used to identify or prosecute any other unpermitted
Improvements that are not subject to the floodplain regulations.]
2) Maintain the existing floodplain regulations to allow the expansion or structural
alteration of the elevated portion of any residential structure non -conforming with
the floodplain regulations contingent upon the following conditions as appropriate: a)
the improvement is not substantial as defined under the floodplain regulations; b) a
pre -permitting inspection is completed by the County to document the extent of the
non -conformity; and, c) if within a "V" zone, the submittal of a professional
engineer's or registered architect's sealed certification that the non -conforming
improvements to the downstairs enclosure do not subject the elevated portion of the
structure to increases structural damage.
3) Certificate of Compliance Broaram. Amend the existing floodplain regulations to
implement a Certificate of Compliance Program Induding:
a. Obtaining data from the Monroe County Property Appraiser which will
Identify all single family residences which contain enclosures that are
identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received
inspections via the pilot program, transfer of ownership program, or the
previously applicable inspection on building permit program, and been made
compliant.
b. The remaining property owners will be notified via mail that an inspection is
required in order to verify compliance with the Monroe County Floodplain
Ordinance.
c. Once the owners obtain this Inspection, and are compliant, they will receive
a Certificate of Compliance. This is a proactive opportunity for property
owners to receive evidence that they have a compliant structure which will
create a positive market condition. If an owner has a non -compliant
structure, they will be notified of all the required connections to the enclosure
to become compliant with the permit authorizing the construction, OR the
violation will be forwarded to the Code Compliance Department for
prosecution.
d. Once a property Is compliant, the County will provide a non -conversion
agreement (with a corresponding drawing attached) to be signed by the
property owner and recorded by the county in the County land records so
buyers of properties understand what has been approved for areas below
base flood elevation.
e. This non -conversion agreement will provide protection to future buyers
through title work. Every two years an updated potential ground floor
endosure list will be reviewed, and any changes to the Property Record that
Indicate illegal construction below base flood elevation will go through the
inspection process outlined above again.
f. The County may also consider obtaining a list of all properties that have
transferred ownership and any such property that failed to obtain the
required Inspection will be contacted for Inspection.
g. New construction that contains any type of below base flood elevation
enclosure, will be required to record a "Notice of Non -Conversion" to the
property, which should alleviate this problem in the future.
4) Conduct required Inspections of downstairs enclosures as stipulated in Actions #1 -
#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulations, for properties developed after the Flood Insurance Rate Maps
were implemented, through code enforcement and the normal permitting process,
Including prosecution of owners of structures, where property tax records and/or
evidence from inspections provide probable cause of a violation.
6) Request that FEMA provide the County with a "Submit to Rate" for any applications
for new flood insurance policies on previously uninsured properties with a possible
violation, so that the County may pursue compliance under code enforcement
proceedings, or through a Section 1316 declaration.
7) Maintain existing floodplain regulations to only allow enclosing with opaque materials
of downstairs enclosures of 299 square feet or less in area.
8) Request the Monroe County Appraiser to provide the County Growth Management
Division with an annual update by residential property owner from the County
property tax records of the changes in the habitable floor area of downstairs
enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance Inspection and compliance
program a list of all structures that fail to come into compliance and submit a
quarterly progress report to FEMA beginning July, 2003.
10) Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by
July 1, 2012, and If necessary, develop and implement further remedial actions with
FEMA's approval, to ensure enforcement of the County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement the above
program.
3
F L O R I D A H O U S E O F
ENROLLED
CS/HB 407
REP RES ENTATIVES
,,, i t a
2011 Legislature
1 A bill to be entitled
2 An act relating to residential building permits; amending
3 s. 553.79, F.S.; prohibiting local enforcing agencies and
4 building code officials or entities from requiring certain
5 inspections of buildings, structures, or real property as
6 a condition of issuance of certain residential building
7 permits; providing for application; providing for
8 conditional repeal; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (17) is added to section 553.79,
13 Florida Statutes, to read:
14 553.79 Permits; applications; issuance; inspections.-
15 (17)(a) Alocal enforcing agency, and any local building
16 code administrator, inspector, or other official or entity, may
17 not require as a condition of issuance of a one- or two-family
18 residential building permit the inspection of any portion of a
19 building, structure, or real property that is not directly
20 impacted by the construction, erection, alteration,
21 modification,_ repair, or demolition of the building, structure,
22 or real property for which the permit is sought
23 (b) This subsection does not apply to a building permit
24 sought for:
25 1. A substantial improvement as defined in s 161.54 or as
26 defined in the Florida Building Code
27 2. A change of occupancy as defined in the Florida
281 Building Code.
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F L O R I D A H O U S E O F
ENROLLED
CSIHB 4M
R E P R E S E N T A T I V E S
2011 Legislature
29 3. A conversion from residential to nonresidential or
30 mixed use pursuant to s. 553.507(2)(a) or as defined in the
31 Florida Building Code.
32 4. An historic building as defined in the Florida Building
33 Code.
34 (c) This subsection does not prohibit a local enforcing
35 agency, or any local building code administrator, inspector, or
36 other official or entity, from:
37 1. Citing any violation inadvertently observed in plain
38 view during the ordinary course of an inspection conducted in
39 accordance with the prohibition in paragraph (a)
40 2. Inspecting a --physically nonadjacent portion of a
41 building, structure, or real property that is directly impacted
42 by the construction, erection, alteration, modification, repair,
43 or demolition of the building, structure, or real property for
44 which the permit is sought in accordance with the prohibition in
45 paragraph (a).
46 3. Inspecting any portion of a building, structure, or
47 real property for which the owner or other person having control
48 of the building, structure, or real property has voluntarily
49 consented to the inspection of that portion of the building,
50 structure, or real property in accordance with the prohibition
51 in paragraph (a).
52 4. Inspecting any portion of a building, structure, or
53 real property pursuant to an inspection warrant issued in
54 accordance with ss. 933.20-933.30,
55 (d) This subsection is repealed upon receipt by the
56 Secretary of State of the written certification by the chair of
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F L 0 R I D A H O U S E O F
57
58
59
60
61
62
R E P R E S E N T A T I V E S
ENROLLED
CSIHB 407 2011 Legislature
the Florida Building Commission that the commission has adopted
an amendment to the Florida Building Code which substantially
incorporates this subsection, including the prohibition in
paragraph (a), as part of the code and such amendment has taken
effect.
Section 2. This act shall take effect July 1, 2012.
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