Item L6 L.6
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Number: L.6
Agenda Item Summary #11210
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
N/A
AGENDA ITEM WORDING: Approval to Advertise an Ordinance Amending Monroe County
Code Chapter 6 - Buildings And Construction, Article II— Building Code, to be Consistent with the
Florida Building Code and Adopt Local Floodplain Standards Amendments.
ITEM BACKGROUND:
The National Flood Insurance Program ("NFIP") is a federally-subsidized flood damage insurance
program administered by the Federal Emergency Management Agency ("FEMA"). Residents and
business owners are eligible to purchase NFIP flood insurance policies in communities that agree to
regulate development in special flood hazard areas. These special flood hazard areas are delineated
by FEMA on Flood Insurance Rate Maps.
The NFIP makes federally-backed flood insurance available in those states and communities that
agree to adopt and enforce floodplain management ordinances to reduce future flood damage. These
regulations must meet or exceed the minimum administrative and technical requirements in the NFIP
regulations (44 CFR Part 59 and Part 60). FEMA administers the NFIP and provides technical
assistance and training on NFIP requirements and mitigation measures. FEMA also has extensive
publications on the NFIP, including detailed guidance on mitigation measures that can minimize or
eliminate future flood damages.
Floodplain management is a community-based effort to prevent or reduce the risk of flooding,
resulting in a more resilient community. As provided by FEMA, meeting NFIP requirements is the
most cost-effective way to reduce the flood risk to new buildings and infrastructure. FEMA provides
tools and resources to help navigate NFIP requirements and implement higher standards of
floodplain management.
Communities must incorporate NFIP requirements into their zoning codes, subdivision ordinances,
and/or building codes or adopt special purpose floodplain management ordinances. The NFIP
requirements apply to areas mapped as Special Flood Hazard Areas ("SFHA") on Flood Insurance
Rate Maps ("FIRMs") issued by FEMA. The SFHA is the area that would be flooded by the "base
flood" (defined as the flood that has a 1 percent chance of occurring in any given year; also known
Packet Pg.4086
L.6
as the "100-year flood").
The NFIP requirements include, but are not limited to:
• Elevation of new and substantially improved residential structures above the base
flood level.
• Elevation or dry floodproofing (made watertight) of new or substantially improved
non-residential structures.
• Prohibition of development in floodways, the central portion of a riverine floodplain
needed to carry deeper and faster moving water.
• Additional requirements to protect buildings in coastal areas from the impacts of
waves, high velocity, and storm surge.
FIRMS inform communities about the local flood risk and set minimum floodplain standards for
communities to build with safety and resiliency in mind. FIRMS also currently determine the cost of
flood insurance and the mandatory purchase requirement. As risks change, insurance premiums also
change to reflect those risks, but property owners may be able to reduce premiums if they build their
home or business to be safer, higher, and stronger.
FEMA is updating the NFIP's risk rating methodology through the implementation of a new pricing
methodology called Risk Rating 2.0. FEMA's new methodology for determining NFIP policy
premiums incorporates variables to reflect a property's individual flood risk, including the frequency
and types of flooding, such as storm surge, coastal erosion, and heavy rainfall and the distance to
a water source along with property characteristics, such as elevation and the cost to rebuild.
Communities will continue to earn NFIP rate discounts of 5% - 45% based on the Community
Rating System classification, including Monroe County (35% discount); however, since Risk Rating
2.0 does not use flood zones to determine flood risk, the discount will be uniformly applied to all
policies throughout the participating community, regardless of whether the structure is inside or
outside of the Special Flood Hazard Area.
The Florida Division of Emergency Management ("FDEM") serves as the State Coordinating
Agency of the NFIP to work with Florida's municipalities and counties to administer their local
flood damage reduction regulations. The State Floodplain Management Program works to promote
and ensure sound land use development in floodplain areas in order to promote the health and safety
of the public, minimize loss of life and property, and reduce economic losses caused by flood
damages.
The State Floodplain Management Office is a unit in the FDEM - Bureau of Mitigation. Floodplain
Management Specialists work with Florida's communities to help them successfully manage
development in flood zones. The State Floodplain Management Office provides/offers technical
assistance to improve administration of local floodplain management ordinances and the flood
provisions of the Florida Building Code and to monitor community performance to ensure
compliance with the NFIP development regulations in Special Flood Hazard Areas.
Packet Pg.4087
L.6
The State Floodplain Management Office also coordinates and collaborates on the following
activities:
• Map Modernization and FEMA Risk MAP priorities
• Integration of flood-resistant standards into the Florida Building Code
• Coordination with federal flood mitigation grant programs
• Integration of floodplain management concepts and tasks into multi jurisdictional
local mitigation strategies developed by counties and municipalities
• Participation in maintaining the State Enhanced Hazard Mitigation Plan and planning
process
• Consultation with State agencies on state-owned facilities in special flood hazard
areas
• Training of local floodplain managers and building officials, in partnership with the
Florida Floodplain Managers Association (FFMA)
• Coordination with the Florida Dam Safety Program
• Partnerships with federal, state and local organizations pertinent to floodplain
management
In 2012, State Floodplain Management Office developed a Model Floodplain Management
Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
Building Code. FEMA approved the Model Floodplain Management Ordinance in 2013.
Since the 2010 edition, the flood provisions of the Florida Building Code (FBC) meet or exceed the
minimum NFIP requirements for buildings and structures. Nearly all Florida communities administer
local floodplain management ordinances that are written to rely on the FBC to meet the NFIP
requirements.
Over the past 10 years, FDEM has worked with nearly all of Florida's 468 NFIP communities to
transition to the Model Floodplain Management Ordinance, providing assistance, to tailor the
model as appropriate for each community. At this time, 10 communities, including Monroe County,
are still preparing the required amendments to their existing regulations.
The professional staff are working with FDEM to prepare amendments to Chapter 6 of the Monroe
County Code, and to the County's Floodplain Management Ordinance (Ch. 122 of the Land
Development Code), which are necessary to be consistent with the Florida Building Code, FEMA
provisions, incorporate FDEM's Model Floodplain Management Ordinance, continue to fulfill the
NFIP requirements, and adopt amendments for local higher floodplain standards. Additionally, the
updates will allow the County to continue to meet and improve the requirements and activities of the
Community Rating System.
In summary, the County is proposing the following connected amendments:
• Update Land Development Code Chapter 122 to be consistent with the State of Florida
(FDEM) Model Floodplain Management Ordinance, include updated FEMA policies,
explicitly to rely on the flood provisions in the Florida Building Code and to eliminate
obsolete or unnecessary regulations.
Packet Pg.4088
L.6
o Amendments does not include any updated FIRM maps. Maintains the 2005
FIRMS.
o Amendments to Land Development Code Chapter 122 are critical for FDEM to
deem the County's Floodplain Management Ordinance compliant with NFIP
requirements and for the County's next Community Rating System ("CRS")
verification.
• Update Code of Ordinances Chapter 6 to be consistent with the Florida Building
Code and adopt amendments for local hither floodplain standards,including:
o Shifting local higher floodplain standards from Chapter 122 to Chapter 6
(for example, 299 sq. ft. downstairs enclosure limitation and foundation
requirements [anchoring to rock]).
o Including technical amendments to the Florida Building Code for additional
local higher floodplain standards (for example, elevation certificate
requirements).
o Amendments to Code of Ordinances Chapter 6 are critical for FDEM to
deem the County's Floodplain Management Ordinance compliant with NFIP
requirement and for the County's next CRS verification.
o Full text of proposed/draft amendments is attached to this agenda item as a
draft ordinance.
• Amend the Comprehensive Plan and Land Development Code to provide for an increase
to the maximum height of residential buildings, which would be available on the adoption
and effective date of updated FEMA Flood Insurance Rate Maps.
o The County is considering a maximum height limit of 40 feet (up to a maximum
of five (5) feet above the 35-foot height limit) in order to elevate to or maintain
the required elevation based on the Florida Building Code. Revisions shall not
result in a new building or a substantially improved building or a lawfully existing
building to exceed a maximum height of 40 feet.
o Amendment intended to address additional difference in elevation due to a change
in the updated FIRMS requiring the use of North American Vertical Datum of
1988 or NAVD88 (on average there is -1.5 foot conversion), potential increased
base flood elevation requirements with the updated FIRM maps, and changes in
construction requirements based on revised base flood elevations.
• Amend Land Development Code Chapter 138 to require applicants to submit plan
revisions to prior to permit issuance, demonstrating full compliance with the current
Florida BuildinZ Code and the updated FIRM maps, for permits requiring an
ROGO/NROGO allocation.
o Establishing that all applications in or entering into the ROGO system on or after
the effective date of the updated FIRMS, shall have the application scores
reevaluated and updated based on the updated FIRMS.
Community Meetings and Public Participation
A Community Meeting was held on December 2, 2021, at 5:05 P.M., to provide for public input on
Packet Pg.4089
L.6
all of the proposed amendments listed above. There were six (6) attendees and five (5) County
professional staff members. In general, the comments provided for the proposed amendments are
summarized below:
• Question regarding substantial improvements and the scenario/types of improvements
that required elevation to the new design flood.
• Concerns regarding requiring 3 ft. of freeboard and this requiring a substantial number of
properties to be reviewed for substantial improvement/substantial damage concerns.
• Question of how the 35% insurance discount, derived from CRS participation, is applied.
• Question regarding the establishment of buoyancy calculation requirements for
swimming pools (note, this is not related to any proposed amendment).
• Question regarding the 299 ft. enclosure limit requirement.
A supplemental Community Meeting was held on January 20, 2022, at 3:00 P.M., to provide for
public input. There were six (6) attendees and 10 County professional staff members. In general, the
comments provided for the proposed amendments are summarized below:
• Question regarding swimming pool designs under houses (note, this is not related to any
proposed amendment).
• Question regarding fill in a V zone and about shoreline protection features and altering
shorelines in a V zone.
A second supplemental Community Meeting was held on February 3, 2022, at 5:05 P.M., to provide
for public input. There were four (4) attendees and five (5) County professional staff members. In
general, the comments provided for the proposed amendments are summarized below:
• A comment on the proposed foundation requirements in Ch. 6 to modify "geotechnical
engineer" to "a licensed engineer" and question regarding the source of the "minimum
embedment of 3 feet" requirement.
• Comments regarding maintaining the 299 ft. enclosure limit requirement.
• Comments regarding at-grade pool requirements (note, this is not related to any proposed
amendment).
Based on public input related to concerns regarding requiring 3 ft. of freeboard and this requiring a
substantial number of properties to be reviewed for substantial improvement/substantial damage
concerns, the professional staff are not proposing a County requirement of 3 feet of freeboard as part
of these amendments.
The current request is for approval to advertise a public hearing for the BOCC to consider the
proposed amendments to Monroe County Code Chapter 6 to be consistent with the Florida
Building Code and adopt amendments for local higher floodplain standards. Chapter 6
amendments will be scheduled for a public hearing at the same BOCC meeting that the
proposed amendments to the LDC (Chapter 122) are to be considered for adoption.
Amendments to LDC Chapter 122 and Code of Ordinances Chapter 6 are critical for FDEM
to deem the County's Floodplain Management Ordinance compliant with NFIP and for the
County's next CRS verification in 2023.
PREVIOUS RELEVANT BOCC ACTION:
Packet Pg.4090
L.6
Ordinance 002-1973, platting regulations which included minimum floor elevations for structures,
adopted in 1973. Based on this ordinance, FEMA considers June IS, 1973, the effective date of the
initial floodplain management regulations of Monroe County.
Ordinance 002-1974, amending Ordinance 02-1973, adopted June 18, 1974.
Ordinance 003-1975, adopting floodplain management provisions, adopted March 25, 1975.
Ordinance 008-1977, amending Ordinance 03-1975, adopted March 22, 1977.
Ordinance 012-1979, requiring that in all cases where deed restrictions of record authorize the first
floor of buildings to be at a height which is lower than the building height required by the flood
ordinance; the first floor elevation required by the flood ordinance shall become the maximum
elevation permissible for the first floor of all structures in said residential subdivisions, adopted May
22, 1979.
Ordinance 030-1983, creating Flood Hazard District Development provisions for development
within areas of special flood hazards, within Chapter 6, Buildings and Construction, of the Monroe
County Code of Ordinances, adopted November 23, 1983.
Ordinance 005-1984, amending Ordinance 030-1983, adopted January 1, 1984.
Ordinance 033-1986 - adopting the 1986 Comprehensive and Land Development Regulations,
including Division 6, Floodplain Management Standards, containing requirements for floor elevation
and floodproofing certification, 21-day establishment of floor elevation and floodproofing
certification, the flood insurance study of December 1, 1983 and the flood maps, standards for
issuing permits and a 299sf enclosure limit, adopted October 3, 1986.
Ordinance 014-1988, amending the floodplain management provisions, adopted February 16, 1988.
Ordinance 015-1989, amending the floodplain management provisions and adopting the special
flood hazard areas identified by the flood insurance study of December 1, 1983 or the most current
[flood] maps approved by FEMA maps, adopted June 6, 1989.
Ordinance 015-1990, amending the floodplain management provisions, including manufactured
homes to be placed on 36-inch piers, and the special flood hazard areas identified by the flood
insurance study of October 17, 1989 or the most current [flood] maps approved by FEMA maps,
adopted April 18, 1990.
Ordinance 002-1994, amending the floodplain management provisions, adopted January 18, 1994.
Ordinance 039-2000, amending the floodplain management provisions, adopted July 26, 2000.
Resolution 080-2002, committing to implementation of the Inspection Procedure (FEMA developed
Pilot inspection procedure) for the remediation of non-compliant buildings and preparation of a
remedial plan, adopted February 13, 2002.
Packet Pg.4091
L.6
Resolution 115-2002, approving the County developed Flood Insurance and Inspection and
Compliance Implementation Plan, including the downstairs enclosure compliance program, and
transmittal to FEMA, adopted March 20, 2002.
Resolution 187-2002, approving a revised Flood Insurance and Inspection and Compliance
Implementation Plan, addressing structures more than 4-years old, and transmittal to FEMA, adopted
April 17, 2002.
Resolution 397-2002, adopting a plan and procedures for authorizing a time extension for eligible
non-compliant structures used for affordable housing, adopted September 18, 2002.
Resolution 152-2003, approving a revised implementation plan for the Flood Insurance and
Inspection and Compliance Program (Remedial Plan), adopted April 16, 2003.
Ordinance 037-2003, reorganizing and amending the floodplain management provisions to address
the Monroe County Flood Insurance and Inspection and Compliance Program approved by FEMA,
adopted October 15, 2003.
Ordinance 005-2004, amending the electrical and mechanical equipment standards for issuance of
building permits in areas of special flood hazards, adopted February 18, 2004.
Ordinance 025-2004 amending the enclosed area standards for issuance of building permits in areas
of special flood hazards, adopted Augustl8, 2004.
Ordinance 001-2009, reorganizing and re-codifying the County Code, consisting of Chapters 1
through 146 (removing reference to Code Section 9.5), adopted January 28, 2009.
Resolution 440-2011, approving a 2011 implementation plan for the Flood Insurance and Inspection
and Compliance Program (Remedial Plan), maintaining regulations adopted pursuant to Resolution
152-2003 and direction to create the certificate of compliance program, adopted on December 14,
2011.
Ordinance 010-2012, amending the floodplain management provisions and creating Section 112-7
the Floodplain Certificate of Compliance Program, including the requirement for non-conversion
agreements, adopted May 16, 2012.
Ordinance 015-2012, amending the floodplain management provisions, including specific reference
to the areas of special flood hazard identified by the FEMA February 18, 2005 [flood] maps, and
creating Section 122-8 the Permit Referral Process (PRP), as a result of the 2011 Settlement
Agreement for a 1990 lawsuit against FEMA claiming lack of consultation with USFWS pursuant to
the Endangered Species Act, adopted June 20, 2012.
Ordinance 043-2013, amending the floodplain management provisions Section 122-2(b)3, the basis
for establishing special flood hazard maps, species assessment guides (SAGS) for the Permit
Referral Process (PRP) determinations, providing a new date for the revised Species Assessment
Packet Pg.4092
L.6
Guides, adopted October 16, 2013.
Resolution 193-2014, approving a 2014 implementation plan for the Flood Insurance and Inspection
and Compliance Program (Remedial Plan), maintaining the inspection on transfer, 299SF enclosure
maximum, certificate of compliance program; existing Ch. 122 regulations (to be compliant with
federal regulations) and the inadvertent observation of illegal structures below BFE; and
documenting the Pilot Inspection Procedure concluded July 1, 2013, adopted August 20, 2014.
Resolution 223-2015, adopting FEMA Technical Bulletin 0 - User's Guide, dated March 2009,
adopted September 16, 2015.
Resolution 224-2015, adopting FEMA Technical Bulletin 1 - Openings in Foundation Walls and
Walls of Enclosures, dated August 2008, adopted September 16, 2015.
Resolution 225-2015, adopting FEMA Technical Bulletin 2 - Flood Damage-Resistant Materials
Requirements, dated August 2008, adopted September 16, 2015.
Resolution 226-2015, adopting FEMA Technical Bulletin 3 - Nonresidential Floodproofing
Requirements and Certification, dated April 1993, adopted September 16, 2015.
Resolution 227-2015, adopting FEMA Technical Bulletin 4 - Elevator Installation, dated November
2010, adopted September 16, 2015.
Resolution 228-2015, adopting FEMA Technical Bulletin 5 - Free-of-Obstruction Requirements,
dated August 2008, adopted September 16, 2015.
Resolution 229-2015, adopting FEMA Technical Bulletin 6 - Below-Grade Parking Requirements,
dated April 1993, adopted September 16, 2015.
Resolution 230-2015, adopting FEMA Technical Bulletin 7 - Wet Floodproofing Requirements,
dated December 1993, adopted September 16, 2015.
Resolution 231-2015, adopting FEMA Technical Bulletin 8 - Corrosion Protection for Metal
Connectors in Coastal Areas, dated August 1996, adopted September 16, 2015.
Resolution 232-2015, adopting FEMA Technical Bulletin 9 -Design and Construction Guidance for
Breakaway Walls, dated August 2008, adopted September 16, 2015.
Resolution 233-2015, adopting FEMA Technical Bulletin 10 - Ensuring that Structures Built on Fill
in or near Special Flood Hazard Areas are Reasonably Safe from Flooding, dated May 2001, adopted
September 16, 2015.
Resolution 234-2015, adopting FEMA Technical Bulletin 11 - Crawlspace Construction, dated
November 2001, adopted September 16, 2015.
Resolution 240-2015, adopting FEMA Technical Bulletin 467-1 - Elevation Certificate, dated May
Packet Pg.4093
L.6
2004, adopted September 16, 2015.
Resolution 241-2015, adopting Florida Division of Emergency Management Technical Topic -
Guidance for Pools and Outdoor Kitchens/Bars in Flood Hazard Areas, dated November 2010,
adopted September 16, 2015.
Resolution 242-2015, adopting the Monroe County Elevation Certificate Review Process, dated
October 1, 2015, adopted September 16, 2015.
Resolution 243-2015, adopting the Monroe County Floodproofing Nonresidential Structures
Permitting and Inspection Requirements, dated October 1, 2015, adopted September 16, 2015.
Resolution 244-2015, adopting the Monroe County Pool and Cistern and Accessory Equipment
Location in Special Flood Hazard Areas Policy, dated October 1, 2015, adopted September 16, 2015.
Resolution 245-2015, adopting the Monroe County Substantial Improvement or Substantial Damage
(50%Rule) Application and Affidavit Policy, dated October 1, 2015, adopted September 16, 2015.
Resolution 246-2015, adopting the Monroe County V-Zone Certification and Calculations
Documentation Policy, dated October 1, 2015, adopted September 16, 2015.
Ordinance 006-2016, adopting the updated Land Development Code, implementing the 2030
Comprehensive Plan, maintaining Chapter 122, the floodplain management provisions and amending
the floodplain variances procedure to be conducted by the Division of Administrative Hearings
(DOAH), adopted April 13, 2016.
Ordinance 024-2017, amending the standards for issuance of building permits in areas of special
flood hazards, adopted November 14, 2017.
Resolution 254-2019, adopting FEMA Technical Bulletin 0 - User's Guide, dated July 2019,
adopted September 18, 2019.
Resolution 255-2019, adopting FEMA Technical Bulletin 4 - Elevator Installation, dated June 2019,
adopted September 18, 2019.
Resolution 256-2019, adopting FEMA Technical Bulletin 8 - Corrosion Protection for Metal
Connectors in Coastal Areas, dated June 2019, adopted September 18, 2019.
Ordinance 021-2020, amending Section 122-4(b)(4) to eliminate the ability for a
manufactured/mobile home to be placed at an elevation below base flood elevation, adopted on July
15, 2020.
Resolution 440-2021, adopting FEMA Technical Bulletin 9 "Design and Construction Guidance for
Breakaway Walls Below Elevated Coastal Buildings" dated September 2021, adopted on November
17, 2021.
Packet Pg.4094
L.6
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Monroe County Ch. 6—Draft Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Emily Schemper Completed 10/03/2022 5:07 PM
Peter Morris Completed 10/04/2022 2:43 PM
Karl Bursa Skipped 10/04/2022 4:12 PM
Rick Griffin Skipped 10/04/2022 4:12 PM
Purchasing Completed 10/04/2022 4:13 PM
Budget and Finance Completed 10/04/2022 4:17 PM
Brian Bradley Completed 10/04/2022 4:19 PM
Lindsey Ballard Completed 10/04/2022 4:23 PM
Board of County Commissioners Pending 10/19/2022 9:00 AM
Packet Pg.4095
L.6.a
2 - Yrlr+t
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2022 0
9
10 AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY U
12 CODE OF ORDINANCES CHAPTER 6 — BUILDINGS AND CONSTRUCTION,
13 ARTICLE II — BUILDING CODE; AMENDMENTS ARE PROPOSED TO
14 UPDATE THE PURPOSE AND SCOPE, ADD DEFINITIONS; ADDRESS THE E
15 ADMINISTRATION OF THE BUILDING DEPARTMENT, INCLUDING THE
16 BUILDING OFFICIAL'S AUTHORITY AND DUTIES (INCLUDING THE
17 PROVISIONS OF CH. 122 OF THE MONROE COUNTY LAND DEVELOPMENT
18 CODE (PART II OF THIS CODE) AS THE DESIGNATED FLOODPLAIN 0
19 ADMINISTRATOR); UPDATE THE REFERENCES TO THE REQUIREMENTS 0
20 OF THE FLORIDA BUILDING CODE; AND FOR CLARIFICATION AND
21 OTHER PURPOSES; TO ADOPT TECHNICAL AMENDMENTS TO THE >
22 FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY;
0
23 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
24 CONFLICTING PROVISIONS; PROVIDING FOR AMENDMENT TO AND
25 INCORPORATION IN THE MONROE COUNTY CODE OF ORDINANCES; .
26 PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE AND
27 FOR AN EFFECTIVE DATE.
28
29
30 WHEREAS, Monroe County Code of Ordinances, Chapter 6 — Buildings and
31 Construction,Article II—Building Code,govern the administration and enforcement of the Florida 0
32 Building Code and associated technical construction standards and regulations within the
33 unincorporated limits of the county; and
34
35 WHEREAS, the Monroe County Board of County Commissioners (BOCC) recognizes
36 that the work of ordinance codification is an ongoing process that requires a continuing effort by
37 various County officials and staff, and it is the goal of the BOCC to ensure that Monroe County
38 Code of Ordinances Chapter 6 is kept current and of maximum use and clarity; and U
39 0
40 WHEREAS, the Legislature of the State of Florida has, in Chapter 125 — County 0
41 Government,Florida Statutes,conferred upon local governments the authority to adopt regulations 2
42 designed to promote the public health, safety, and general welfare of its citizenry; and
43 E
44 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
45 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
46 health, safety, and welfare of the County's citizens; and
47
Pag
Packet Pg.4096
L.6.a
I WHEREAS, the Federal Emergency Management Agency has identified special flood
2 hazard areas within the boundaries of unincorporated Monroe County and such areas may be
3 subject to periodic inundation which may result in loss of life and property, health and safety
4 hazards, disruption of commerce and governmental services, extraordinary public expenditures for
5 flood protection and relief, and impairment of the tax base, all of which adversely affect the public
6 health, safety and general welfare, and
7 C,
8 WHEREAS, the Monroe County was accepted for participation in the National Flood 0
9 Insurance Program on June 15, 1973 and the Monroe County Board of County Commissioners U-
10 desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59
11 and 60, necessary for such participation; and U
12
13 WHEREAS,the National Flood Insurance Program (NFIP) is a federally-subsidized flood
14 damage insurance program administered by the Federal Emergency Management Agency(FEMA)
15 enabling property owners in participating communities to purchase flood insurance in exchange
16 for the community's adoption of floodplain management regulations to reduce future flood
17 damages; and
18 0
19 WHEREAS,the participating communities floodplain management regulations must meet 0
20 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
21 CFR Part 59 and Part 60); and ,>
22
0
23 WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to
24 provide a mechanism for the uniform adoption, updating, amendment, interpretation and g
25 enforcement of a state building code, called the Florida Building Code; and
26
27 WHEREAS, the Florida Division of Emergency Management (DEM), Bureau of .:.
28 Mitigation, State Floodplain Management Office developed a Model Floodplain Management
29 Ordinance for communities, written explicitly to rely on the flood provisions in the Florida
30 Building Code; and
31
32 WHEREAS, since the 2010 edition, the flood provisions of the Florida Building Code
33 meet or exceed the minimum NFIP requirements for buildings and structures; and
34
35 WHEREAS,the Federal Emergency Management Agency (FEMA) approved the State's
36 Model Floodplain Management Ordinance in 2013; and
37
38 WHEREAS, the Monroe County Board of County Commissioners has determined that it U
a�
39 is in the public interest to adopt the proposed floodplain management regulations (Chapter 122 of 0
40 Land Development Code)that rely on and are coordinated with the Florida Building Code; and 0
41
42 WHEREAS, amendments are necessary within Monroe County Code of Ordinances,
43 Chapter 6 — Buildings and Construction, Article II — Building Code, to update the purpose and E
44 scope of Article 11; update and add definitions; address the administration of the Building
45 Department including the Building Official's authority and duties (including the provisions of Ch. <
46 122 of the Monroe County Land Development Code (part II of this Code) as the designated
Pag
Packet Pg.4097
L.6.a
I Floodplain Administrator); update the unsafe buildings provisions; update the construction board
2 of adjustment and appeals provisions; update the administrative appeals procedures; update
3 variance procedures; update the provisions for permit exemptions during a declared a State of
4 Local Emergency; update the building permit valuation provisions; update the provisions for
5 inspections prior to issuance of certificate of occupancy, including updating the reference to the
6 inspection requirements of section 110 of the Florida Building Code; update the provisions for a
7 certificate of occupancy, including updating the reference to the requirements of section 111 of the
8 Florida Building Code; and creating sections for local amendments to the Florida Building Code, 0
9 and
10
11 WHEREAS, Chapter 553, Florida Statutes, allows for local technical amendments to the
12 Florida Building Code that provide for more stringent requirements than those specified in the
13 Code and allows adoption of local administrative and local technical amendments to the Florida
14 Building Code to implement the National Flood Insurance Program and incentives; and
15
16 WHEREAS, Section 553.73, Florida Statutes, governs the adoption of local amendments to the
17 Florida Building Code; and
18 0
19 WHEREAS, the Monroe County Board of County Commissioners previously adopted a 0
20 requirement with a limit to the size of enclosures below elevated dwellings (299 square foot
21 enclosure limit and requir
ing a Zone and Coastal A Zone Construction Certification >
22 Form, for buildings and structures in flood hazard areas prior to July 1, 2010 and, pursuant to 0
23 Section 553.73(5), Florida Statutes, is formatting that requirement to coordinate with the Florida
24 Building Code; and g
25
26 WHEREAS, the Monroe County Board of County Commissioners is adopting a
E
27 requirement to establish the mini nnum foundation requireinents, require
28 resti ictio�n (rio�nconversion agar ,wheal]] s) or en los���ires bellow elevated buildin s, ��ind require
�
a� W a W W W a W W W a�
29 the replacement ofmechanical,plumbing and electrical w w °ra1N systems,equipinne�nl:and compoineirils �
30 to be located A. oir above the base flood elevation identified on the FIRM that was effective
31 when the building was originally permitted, for buildings and structures in flood hazard areas 0
32 for the purpose of participating in the National Flood Insurance Program's Community Rating
33 System and, pursuant to Section 553.73(5), Florida Statutes, is formatting that requirement to
34 coordinate with the Florida Building Code; and
35 U
36 WHEREAS, the Monroe County Board of County Commissioners has determined that it
37 is in the public interest to adopt the proposed local technical amendments to the Florida Building
38 Code and the proposed amendments are not more stringent than necessary to address the need U
a�
39 identified, do not discriminate against materials, products or construction techniques of 0
40 demonstrated capabilities, are in compliance with section 553.73(4), Florida Statutes; and 0
41
42 WHEREAS, on the Monroe County Board of County Commissioners
43 held a public hearing, , and provided for public comment and public participation in accordance E
44 with the requirements of state law and the procedures adopted for public participation in the
45 planning process; and <
46
Pag
Packet Pg.4098
L.6.a
I WHEREAS, recognizing that where an extant legislatively approved law is repealed by a
2 subsequent legislative act that substantially reenacts that repealed extant law,the prior legislatively
3 approved law and the subsequent legislative act shall be regarded as one continuous law
4 uninterrupted in its operation,see McKibben v. Mallory,293 So. 2d 48, 52-53 (Fla. 1974),see also 0
5 Goldenberg v. Dome Condo. Ass'n, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
6 legislative intent and purpose of the BOCC, in relation to or in connection with subsequent
7 administrative and judicial construction, that all recodified or reenacted provisions of Monroe ,C
8 County Code of Ordinances Chapter 6 shall be deemed to have been in operation continuously 0
9 from their original enactment whereas the changes or substantial modifications are treated as U-
10 amendments effective from the time they go into legal effect;
11 U
12 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
13 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
14
15 Section 1.Recitals. The foregoing recitals are true and correct and are hereby incorporated
16 as if fully stated herein.
17
18 Section 2. The text of the Monroe County Code of Ordinances Chapter 6 —Buildings and 0
19 Construction, Article 11 — Building Code is amended as shown and stated herein.. Proposed 0
20 Amendments are shown with deletions st44e of t4-e and additions are underlined.
a�
21 >
22 Chapter 6 -BUILDINGS AND CONSTRUCTION
0
23
24 Sec. 6-1. -Moving of buildings. U)
25 When any building is moved from any location within or from without the county, to any
26 location within the unincorporated area of the county, the building shall immediately be made to
27 conform to all provisions of the standard building code and the zoning ordinance of the county.
28 The persons causing the building to be moved shall secure a building permit from the building
29 department and shall post a performance bond of$1,000.00, conditioned upon the building being
30 made to conform to all codes of the county and this chapter, within six months from the date of
31 issuance of the permits; the bond to be returned when all work has been completed in accordance 0
32 therewith.
33 i
34 Sec. 6-2. - Construction trailers.
35 A special permit may be granted for the placement of a construction trailer on a site where
36 construction is being done, provided no human habitation shall be allowed therein, and the
37 applicant furnishes the building department with an affidavit stating that such permit does not U
38 violate deed restrictions in the subdivision in which the trailer is to be placed. Such permit shall 0
39 be for a duration of up to 120 days. If conditions so warrant, then one extension may be granted a
40 by the planning director. Any further extensions may be granted by the planning commission upon 2
41 good cause shown.
42
43
44 Sec. 6-3. - Temporary construction staging areas.
45 A special permit may be granted by resolution by the board of county commissioners (BOCC)
46 to allow a property to be used as a construction staging area for an off-site project. The BOCC
Pag
Packet Pg.4099
L.6.a
I shall hold a public hearing on the request for a temporary construction staging area and shall issue
2 a resolution granting, granting with conditions or denying the request. The resolution shall take
3 effect on the date of enactment by the BOCC.
4 (a) Applicability. A temporary construction staging area for an off-site project is apermitted
5 activity in any land use (zoning) district,provided it is approved by a special permit and
6 meets the criteria set forth in this section. This special permit shall approve the temporary
7 construction staging area location and use and shall not override or substitute for any
8 other provision of the Florida Building Code and Monroe County Code that require an 0
9 additional type of building permit, certification or approval. U-
10 (b) Criteria. Approval of such a special permit shall be granted only if the following criteria
11 are met: U
12 (1) The temporary construction staging area shall serve a project being carried out in
13 the vicinity of the construction staging area;
14 (2) The temporary construction staging area shall serve a project being carried out by
15 a governmental agency;
16 (3) The temporary construction staging area shall not be located in a tier I designated
17 area;
18 (4) The property subject to the request shall be posted and surrounding property owners 0
19 within 300 feet shall be notified in writing at least 15 days prior to the BOCC public 0
20 hearing,with the notice located so it shall be easily visible from all public streets and
21 public ways abutting the property; ,>
22 (5) Prior to establishment of the temporary construction staging area, a special building
0
23 permit approving any associated temporary structure shall be issued in accordance
24 with section 6-112; g
25 (6) No clearing or filling shall occur to accommodate the temporary construction
26 staging area;
27 (7) Other than fencing, no temporary structure associated with a temporary P:.
28 construction staging area shall be located in any required setback, unless the BOCC
29 determines the temporary construction staging may occur temporarily within the
30 setbacks to alleviate increased public expenses; avoid threats to public health and
31 safety; or the project work cannot be readily performed otherwise; and 0
32 (8) The temporary construction staging area shall be compatible with existing uses on
33 surrounding properties, as determined by the BOCC. If necessary, prior to issuance
i
34 of a special permit allowing the temporary construction staging area,the BOCC may
35 attach conditions to any special permit approval to a)avoid substantial harm to public
36 health or safety; b) avoid substantial harm to, or impairment of the normal use of, a
37 public place; and/or c) avoid substantial harm to the environment. Depending on the
38 nature and anticipated duration of the use, as a condition of approval to the special U
a�
39 permit, the board reserves the right to: 0
40 a. Provide a deadline for termination of the construction staging area; 0
41 b. Limit the hours of operation; 2
42 c. Limit the type of equipment and materials on the site;
43 d. Require fencing, landscaping and/or other screening to limit potential visual and E
44 noise impacts of the use on adjacent property owners;
Pag F AK
Packet Pg.4100
L.6.a
I e. Provide for temporary setback variances to allow construction staging to occur
2 temporarily within the setbacks, provided the adjacent property owners submit
3 letters of no objections to the temporary variance; and
4 f. Require surface water management improvements to the affected site; and
5 (9) The property shall be restored to its prior condition
6
7 Secs. 6- -6-1 . -Reserved.
8 0
9 ARTICLE IL - BUILDING CODE
10 DIVISION 1. - GENERALLY
11 U
12 Sec. 6-15 Purpose. The purpose of this chapter shall be interpreted cumulatively with its intent,
13 and shall be taken into account, granted substantial weight, and guide all interpretations and
14 constructions of this article. The purpose of this chapter is to govern the administration and
15 enforcement of the Florida Building Code and associated technical construction standards and
16 regulation within the unincorporated limits of the county. The Board of County Commissioners
17 legislatively finds that the purposes and intent of this article are to safeguard the public health,
18 safety, and general welfare. All interpretations of this article shall in all proceedings and cases 0
19 further, rather than impair, limit, restrict, or obstruct, the purposes of this article. 0
20
21 Sec. 6-16. Scope. The Florida Building Code shall be applicable to and govern all buildings and >
22 structures, and parts and portions thereof, and all devices and safeguards thereto, within the
23 unincorporated limits of the county, except as specifically exempted under state statutes.
24 g
U)
25 Sec. 6-17 Intent. The intent of this article shall be interpreted cumulatively with its purpose, and
26 shall be taken into account, granted substantial weight, and guide all interpretations and
27 constructions of this article. It is the intent of the Board of County Commissioners that the
28 provisions and requirements of this article be strictly adhered to, and to accomplish the purposes
29 of this article.
30
31 Sec. 6-18 Construction and Interpretation. In the interpretation and application of this article, 0
32 all provisions herein shall be considered as minimum requirements and shall not be deemed to
33 forfeit,waive,eliminate, limit, condition, qualify,or repeal any other powers granted to the County_
34 pursuant to Florida law. This article,being in the interest of the public health, safety, and welfare,
35 and being necessary to safeguard and ensure the public health,safety,and welfare,shall be liberally
36 construed to effect the intent and purposes hereof,and interpretation and construction of this article
37 shall be construed in favor of Monroe County and such construction and interpretation shall be
38 entitled to great weight in adversarial administrative proceedings, at trial, and on appeal. U
a�
39 0
40 Sec. 6-19 Administrative Deference. The Board of County Commissioners legislatively finds 0
41 that the construction of this article by the primary county department or office charged with its
42 administration, the County Building Department, shall be leery entitled to deference and _great
43 weight in adversarial administrative proceedings, at trial, and on appeal, and that such E
44 administrative interpretations should not be modified or overturned by an administrative hearing
45 officer or court of competent jurisdiction unless clearly erroneous. If such administrative staff <
Pag
Packet Pg.4101
L.6.a
I interpretation is within the ran is of possible and reasonable interpretations, it is not clearly
possible and reasonable interpretations, it is not clearly
2 erroneous and should be affirmed.
3
4 Sec. 6-20 Effect of State and Federal Laws. If a state or federal law,whether existing at the time
5 of this article's effective date or enacted after its effective date, which is applicable to and limits,
6 prohibits, restricts, conditions, or qualifies the meaning, effectiveness, or operation of any
7 provision or requirement herein, such provision or requirement of this article shall be interpreted,
8 administered, and enforced to the maximum extent permitted by law. 6
9 M
10 Sec. 6-21 No Waiver or Estoppel. The County's delay or failure to enforce any provision
11 contained in this article, however long continued, shall not be deemed a waiver or estoppel of the U
12 right for the County to enforce this article at any time thereafter.
13
14 Sec. 6-22 Severabili , . If any provision of this article, or any portion thereof, is held to be invalid
15 or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
16 invalidity or unenforceability of such provision, or any portion thereof, shall neither limit nor
17 impair the operation, enforceability, or validity of any remainingzportion(s)thereof, or of any other
18 provision of this article. All remaining�portion(s) thereof and all other provisions of this article 0
19 shall continue unimpaired in full force and effect. 0
20
21 >
22 Sec. 6-23. -Definitions.
0
23 The following words, terms and phrases, when used in this article, shall be, except as
24 specifically_provided otherwise herein,the same as they have been defined in the Florida Building g
U)
25 Code or, if not defined by the Florida Building Code, then the same as defined in the Monroe
26 County Land Development Code (part II of this Code), or, if neither defined by the Florida
27 Building Code nor by the Land Development Code, shall have such ordinarily accepted meaning
28 as its context and the context of its provision's structural placement imply. The following words,
29 phrases, and terms shall have the following specific definitions as used herein shall have t �
30
31 fneaning: 0
32 Abandon or abandonment means:
33 (1) Termination of a construction project by a contractor without just cause or proper i
34 notification to the owner including the reason for termination;
35 (2) Failure of a contractor to perform work without just cause for 90 days; or
36 (3) Failure to obtain an approved inspection within 180 days from the previous approved
37 inspection.
39 0
40 0
41
42
43 t4e eeti„�. r pefty o
44 Authorized agent means a person specifically authorized by the holder of a certificate of
45 competency to obtain permits in his or her stead. <
Pag
Packet Pg.4102
L.6.a
I Building means any structure used or intended for supporting or sheltering any use or
2 occupancy.
3 Building component means an element or assembly of elements integral to or part of a
4 building.
5 Building Ofcial means the officer or other designated authority charged with the
6 administration and enforcement of the Florida Building Code and this code, or a duly authorized
7 representative. CL
8 Building shell means the structural components that completely enclose a building, including, 0
9 but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system. U_
10 Building system means a functionally related group of elements, components and/or
11 equipment, such as, but not limited to, the electrical, plumbing and mechanical systems of a U
12 building.
13 Certificate of competency (certificate) means an official document evidencing that a person is
14 qualified to engage in the business of contracting, subcontracting or the work of a specific trade. E
15 Certificate ofexperience means an official document evidencing that an applicant has satisfied
16 the work experience requirements for a certificate of competency.
17 Certificate of occupancy(CO) means an official document evidencing that a building satisfies
18 the work requirements of the county for the occupancy of a building. 0
19 Certification means the act or process of obtaining a certificate of competency from the state 0
20 through the review of the applicant's experience and financial responsibility as well as successful
21 passage of an examination. ,>
22 Certified contractor means any contractor who possesses a certificate of competency issued
0
23 by the department of professional regulation of the state.
24 Change of occupancy means a change from one building code occupancy classification or g
25 sub-classification to another. This includes, but is not limited to, a change of use within an
26 occupancy groin
27 Commercial building means any building, structure, improvement or accessory thereto, other .,
28 than a one- or two-family dwelling.
29
30 work de*e to a bttildi*g or-stf+iettir-e e4her-a+e*e time or-at differ-eff+times w4hi*a speeified period
31
32 Demolition means the act of razing, dismantling or removal of a building or structure, or
33 portion thereof, to the ground level.
34 Examination means an exam prepared, proctored and graded by a recognized testing agency
35 unless otherwise implied in context or specifically stated otherwise.
36 Erodible Soils mean soil subject to wearing _away and movement due to the effects of wind,
and movement due to the effects of wind,
37 water, or other geological processes during a flood or storm or over a period of years.
38 Fair market value, commercial, means the total cost of materials plus labor costs. The total U
a�
39 cost of labor and materials shall be as indicated on a sworn professional actual cost breakdown, 0
40 such as the original or a notarized copy of an on _ginal invoice of an arm's-length transaction; ornvoice of an arms-length transaction; or,
41 an estimate from a licensed contractor, or if no such invoice is available, the labor and materials 2
42 shall be as calculated pursuant to the most recent edition of Means Construction Data or the
43 ICC/Construction Costs Valuation manual. The terms "donated labor", L"'voluntary labor, ' E
44 "donated material", and/or '"`gift material,"" and/or similar terms thereto, shall not be used to
45 represent fair market value. <
Pag
Packet Pg.4103
L.6.a
I Fair market value, residential, means the total cost of materials plus labor costs. The total cost
2 of labor and materials shall be as indicated on the original or a notarized copy of an original invoice
3 of an arm's-length transaction, or, an estimate from a licensed contractor, or if no such invoice is
4 available, the labor and materials shall be as calculated pursuant to the most recent edition of
5 Means Construction Data or ICC/Construction Costs Valuation manual. The terms "donated
6 labor", "voluntary labor," "donated material", and/or"gift material," and/or similar terms thereto,
7 shall not be used to represent fair market value.
8 FCILB means the Florida Construction Industry Licensing Board. 0
9 Imminent danger means: U-
10 (1) Structurally unsound conditions of a structure or portions thereof that is likely to cause
11 physical injury to a person entering the structure; U
12 (2) Due to structurally unsound conditions, any portion of the structure is likely to fall,
13 collapse, be carried by the wind, or otherwise detach or move, and in doing so cause
14 physical injury, harm, or damage to a person on the property or to a person or property
15 nearby; or
16 (3) The condition of the property is such that it harbors or is inhabited by pests, vermin, or
17 organisms injurious to human health, safety, and welfare, the presence of which
18 constitutes an immediate hazard to a person or people in the vicinity. 0
19 Inspection warrant means a court order authorizing the Building Oefficial or his or her 0
20 designee to perform an inspection of a particular property named in the warrant.
21 Intensification of use means an increase in capacity or number of units of a residential or ,>
22 commercial building.
0
23 Interior finish means the preparation of interior spaces of a commercial building for the first
24 occupancy thereof. g
25 Licensed contractor means a contractor certified by the state or the local jurisdiction who has A
E
26 satisfied all state or local requirements to be actively engaged in contracting.
27 Market value means as defined in the floodplain regulations of part II of this Code.
28 Natural Rock means any naturally occurring aggregate of minerals or a body of
29 undifferentiated mineral matter formed into a rigid composition by exposure to varying degrees of
30 heat and/or pressure and belonging to one of the three main classes: igneous, sedimentary,
31 including limestone, and metamorphic. 0
32 Nonconversion Agreement means as defined in the floodplain regulations of part II of this
33 Code.
i
34 Normal maintenance or ordinary minor repair work means the repair or replacement of any
35 existing component if the replacement has the same size, capacity, technical characteristics and
36 location, as determined by the Bhuilding Oefficial, and if the fair market value of the repair work
37 or replacement is less than $2,500.00.
38 Owner's agent means a person, firm or entity authorized in an on _ginal writing executed by executed by U
39 the owner to act for or in place of the owner. 0
40 Permit means an official document authorizing performance of a specific activity regulated 0
41 by this chapter. 2
42 Permit card or placard means a document issued by the jurisdiction evidencing the issuance
43 of a permit and recording of inspections. E
44 Qualifying agent,primary, means a person:
45 (1) Who possesses the requisite skill, knowledge, experience and certificate of competency; <
Pag
Packet Pg.4104
L.6.a
1 (2) Who has the responsibility to supervise, direct, manage, and control the contracting
2 activities of the business organization with which he or she is associated;
3 (3)Who has the responsibility to supervise, direct, manage and control construction activities
4 on a job for which he or she has obtained a permit; and
5 (4) Whose technical and personal qualifications have been determined by investigation and
6 examination and is evidenced by his or her possession of a certificate of competency.
7 Qualifying agent, secondary, means a person:
8 (1) Who possesses the requisite skill, knowledge, experience and certificate of competency; 0
9 (2)Who has the responsibility to supervise, direct, manage and control construction activities U_
10 on a job for which he or she has obtained a permit; and
11 (3) Whose technical and personal qualifications have been determined by investigation and U
12 examination and is evidenced by his or her possession of a certificate of competency.
13 Reciprocity means to accept a verified affidavit from any municipality or county of the state
14 that the applicant has satisfactorily completed a written examination in its jurisdiction equal in
15 content with the examination required by this chapter.
16 Registered contractor means a contractor who has officially registered with the department of
17 professional regulation of the state pursuant to fulfilling the competency requirements of the local
18 jurisdiction. 0
19 Registration means the act or process of registering a locally obtained certificate of 0
20 competency with the state, or the act or process of registering a state issued certificate of
21 competency with the coun V mtt*ieipalit�,. >
22 Remodeling means work that changes the original size, configuration or material of the
23 components of a building.
24 Residential building means any one- or two-family building or accessory. g
25 Roofing means the installation of roof coverings.
26 Scour means the removal of soil or fill material by the flow of flood waters. Flow moving past
27 a fixed object accelerates, often forming eddies or vortices and scouring loose sediment from the
28 immediate vicinity of the object. The term is frequently used to describe storm-induced, localized
29 conical erosion around pilings and other foundation su ports, where the obstruction of flow
30 increases turbulence. E
31 Spa means any constructed or prefabricated pool containing water jets. 0
32 Special Flood Hazard Areas means an area in the floodplain subject to a 1 percent or _rg eater
33 chance of flooding in aLy given year. Special flood hazard areas are shown on FIRMS as Zone A,
34 AO, Al - A30, AE, A99, AH, V1 - V30, VE or V.
35 Specialty contractor means a contractor whose services do not fall within the categories
36 specified in F.S. § 489.105(3).
37 Start of construction, building, means the removal, disassembly, repair, replacement,
38 installation or assembly of the building, structure, building system or building components in U
a�
39 whole or parts thereof. 0
40 Start ofconstruction, site, means the physical clearing of the site in preparation for foundation 0
41 working, including, but not limited to, site clearing, excavation, de-watering, pilings and soil
42 testing activities.
43 Stop work order means an order by the Bmbuilding Oefficial, or his or her designee, that E
44 requires the immediate cessation of all work and work activities described in the order.
Page
Packet Pg.4105
L.6.a
I Structural component means any part of a system, building or structure, loadbearing or
2 nonloadbearing, that is integral to the structural integrity thereof, including, but not limited to,
3 walls,partitions, columns, beams and girders.
4 Structural work or alteration means the installation or assembling of new structural
5 components into a system, building or structure. The term also includes any change, repair or
6 replacement of any existing structural component of a system, building or structure.
7 Substantial completion means where the construction work has been sufficiently completed
8 in accordance with the applicable local, state and federal codes, so that the owner can occupy 0
9 or use the project for the use for which it is intended. U-
10 Value means job cost.
11 V-Zone and Coastal A Zone Construction Certification Form means the Monroe County V- U
12 Zone and Coastal A Zone Construction Certification Form for New Construction & Substantially
13 Improved/Damaged Structures as defined in the floodplain regulations of part II of this Code.
14
15
16
18
19
20 >
21
22
23 Sec. 6-26. -Windload requirements.
24 All major structures within the unincorporated limits of the county, except A
25 mobile/manufactured homes, shall be designed pursuant to the Florida Building Code.
26
27 Sec. 6-27. -Unsafe buildings.
28 (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which
29 are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or
30 windstorm hazard, or are otherwise harmful or dangerous to human life, or which in relation 0
31 to existing use, constitute a hazard to safety or health,shall be deemed to be unsafe structures
32 by the Bbuilding Oefficial or his/her authorized designee, and a permit shall be obtained to
33 demolish the structure or where specifically allowed by this section,to bring the building into
34 compliance with the applicable codes as provided herein. U
35 (b)Physical criteria.
36 (1) A building shall be deemed a fire or windstorm hazard and/or unsafe when: 0
37 a. There is an accumulation of debris or other material therein representing a hazard of 0
0
38 combustion.
39 b. The building condition creates hazards with respect to means of egress and fire 0
40 protection.
41 (2)A building or a part or portion thereof, shall be deemed unsafe by the Bbuilding Oefficial
42 or his/her authorized designee if:
43 a. There is a falling away, hanging loose or loosening of any siding, block, brick, or
44 other building material; or
45 b. There is a deterioration of the structure or structural parts; or
Page
Packet Pg.4106
L.6.a
I c. The building is partially destroyed; or
2 d. There is an unusual sagging,ruling,torsion,or leaning out of plumb of the building
3 or any parts of the building and such effect is caused by deterioration or over-
4 stressing; or
5 e. The electrical, plumbing or mechanical installations or systems create a hazardous
6 condition contrary to the standards of the Florida Building Code and the National
7 Electric Code; or C
8 f. There is electrical service at or in the building or structure, without a permit having 0
9 been obtained as required by the Florida Building Code, or U_
10 g€. An unsanitary condition exists by reason of inadequate, insufficient, or
11 malfunctioning sanitary facilities or waste disposal systems; or U
12 hg. There is no potable water service or electrical service; or
13 ih. The construction, enlargement, alteration, repair or demolition of the building or
14 part thereof or the impact resistant coverings of the building or construction or the
15 installation of systems or components within the building or structure has been
16 commenced or completed without a permit having been obtained as required by the
17 Florida Building Code or where the permit has expired prior to appropriate
18 inspections and completion or when a building or structure is occupied prior to the 0
19 issuance of a certificate of occupancy or certificate of completion; or 0
20 ji. The building or structure is vacant and abandoned, and covered at doors or windows
21 with materials not previously approved by the Bhuilding Oefficial; or ,>
22 k�. The building or structure has been substantially damaged by the elements, acts of
23 God, fire, explosion or otherwise,
24 1. The building is being used illegally or improperly pursuant to based oil the Florida U)
25 Building Code; or E
26 i. A change in the existing use originally approved or a previously-approved
27 existing use has occurred without required permits, inspections, and/or
28 approvals; or
29 ii. A change in occupancy classification of a building or structure or portion
30 thereof has occurred that does not comply with the Florida Building Code; or
31 iii. Maintenance of conditions of occupancy or requirements of the existing 0
32 occupancy classification of a building or structure or a portion thereof does not
33 comply with the Florida Building Code from the time period when the building
34 was originally constructed or with the code in effect at the time of construction;
35 and U
36 mh. The building or part thereof meets the physical criteria of an unsafe structure set
37 forth above in Section(b)(1)(a)and/or(b)and/or Section(b)(2)(a)-(j),as determined
38 by the Building Official or Fire Marshall, with proper notice as defined in Chapter U
0
39 6-27, Section (d). This provision does not supersede the authority of the Bhuilding 0
40 Oefficial under the Florida Statutes or the Florida Building Code. 0
41 (c)Abatement: ..
42 (1) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated
43 by repair and rehabilitation or demolition. E
44 (2) All swimming pools or spas that contain stagnant water or do not conform with Section
45 424.2.17 of the Florida Building Code are deemed unsanitary and/or dangerous to human <
46 life and public welfare. If the stagnant water is not removed and/or all repairs made and
Page
Packet Pg.4107
L.6.a
I brought into full compliance with the building code within a reasonable period of time,
2 then these swimming pools or spas will be demolished.
3 (d) Notice. When the 134uilding Oefficial or his/her authorized designee has after inspection
4 declared or deemed a building, structure, electrical, gas,mechanical or plumbing system to be
5 unsafe, then the 134uilding Oefficial or his/her authorized designee shall issue pre-,,ide a
6 written unsafe declaration and/or notice of violation/notice of hearing specifying the unsafe
7 physical criteria,the suggested methods for abatement or remediation,the time period allowed
8 for the required abatement or remediation, and that the matter will be referred to code 0
9 compliance and be prosecuted by the code compliance department if left uncured following U-
10 expiration of after—the time erp iod prescribed by the Bbuilding Oefficial for that particular
11 declaration. The unsafe declaration and/or notice of violation/notice of hearing shall state that U
12 the specific details concerning the violations can be obtained in writing from the Building
13 Official or his or her designee upon request. In addition, the notice will explain the right of
14 appeal of the decision of the Building Official or his or her designee to aplicable apellate
15 tribunal, and advise that the jurisdictional time period to file an appeal is 30 days. The written
16 unsafe declaration and/or notice of violation/notice of hearing shall be mailed to the owner of
17 the property in question at either the address listed in the property appraiser's database as
18 shown on the property record card for the parcel, or at the address listed in the tax collector's 0
19 office for tax notices via first class mail. The unsafe declaration and/or notice of 0
20 violation/notice of hearing shall also be affixed to the building concerned. The Building
21 Official or his or her designee,in his or her discretion,also or alternatively may elect to publish ,>
22 a notice in a newspaper of general circulation once a week for two (2) consecutive weeks, the
0
23 published notice shall contain the address of the subject property and the names of the owner �
24 and any interested party, and state that the subject property has been found unsafe and in g
25 violation of the Florida Building Code or this chapter and may be subject to demolition. If the
26 unsafe physical criteria are i-s not abated or remedied within the designated reasonable period
27 of time prescribed by the Bbuilding Oefficial or his/her designee, then the matter shall be
28 referred to the code compliance department for prosecution before the code compliance
29 special magistrate. Upon expiration of the period of meal provided in the unsafe declaration
30 and/or notice of violation/notice of hearing, the Building Official may record an appropriate
31 instrument in the Official Records of the Clerk of Court, indicating that the property is in 0
32 violation of the Florida Building Code or this chapter. The recording of the unsafe declaration
33 and/or notice of violation/notice of hearing shall constitute constructive notice of the violation
i
34 to all concerned, subsequent purchasers, transferees, mortgagees, lessees, grantees, and all
35 persons claiming or acquiring interest in the property. In the event that the violation(s) is
36 corrected,the Building Official shall file proof of the same upon payment for all fees incurred
37 by the building department. This provision does not supersede the authority of the Bhuilding
38 Oefficial under the Florida Statutes or the Florida Building Code. U
a�
39 (e) General 0
40 (1) All buildings now existing or hereafter constructed or developed, and all parts and portions 0
41 thereof, shall be continuously and uninterruptedly maintained in a safe condition, and all ..
42 devices or safeguards that are required by the Florida Building Code or this chapter shall
43 be continuously and uninterruptedly maintained in good working order in compliance with E
44 all applicable codes.
45 (2) The Building Official or his or her designee, on his or her own initiative or as a result of <
46 reports from others, shall examine or cause to be examined every building appearing or
Page
Packet Pg.4108
L.6.a
I reported to be unsafe, and if such is found to be an unsafe building as provided for in this
2 section,the Building Official or his or her designee shall proceed as set forth in this section.
3 (3) A buildings meeting the criteria of an unsafe building set forth above in Section (b)(1)(a)
4 or (b) and/or a criterion under Section (b)(2)(a)-(l), shall be presumed and deemed or
5 declared unsafe and a permit shall be immediately obtained to demolish the building _and
6 remove it from the premises or where specifically allowed under the Monroe County
7 Codes, the Florida Building Code, and the Monroe County Comprehensive Plan, to
8 immediately bring the building into compliance with such Codes and Comprehensive Plan. 0
9 (4) Incomplete buildings commenced without a permit or for which the permit has expired, or
10 completed buildings commenced without a permit or for which the permit has expired,
11 prior to completion and no certificate of occupancy has been issued, shall be presumed and U
12 deemed or declared unsafe and a permit shall be immediately obtained to demolish the
13 building and remove it from the premises or where specifically allowed under the Monroe
14 County Codes, the Florida Building Code, and the Monroe County Comprehensive Plan,
15 to immediately bring the building into compliance with such Codes and Comprehensive
16 Plan.
17 (5) Buildings that are, or hereafter shall become,unsafe,unsanitary,or deficient,facilities with
18 inadequate means of egress, or which constitute a fire or windstorm hazard, or are 0
19 dangerous to human life or public welfare by reason of illegal or improper occupancy,use, 0
20 or maintenance, or which have been substantially damaged by the elements, acts of God, �a
21 fire, explosion or otherwise, shall be declared or deemed or declared unsafe buildings _or ,>
22 structures and a permit shall be immediately obtained to demolish the building and remove <
0
23 it from the premises or where specifically allowed under the Monroe County Codes, the
24 Florida Building Code,and the Monroe County Comprehensive Plan,to immediately bring g
25 the building into compliance with such Codes and Comprehensive Plan. E
26 (6) All costs incurred pursuant to any of the provisions of this chapter or under the Florida
27 Building Code shall be paid by the owner(s) or occupants) of the premises on which the
28 violation occurred.
c�
29 (7) The enforcing county department, including but not limited to the code compliance
30 department and the building department, may institute a suit to recover such expenses
31 against any liable person or may cause such expenses to be charged against the property 0
32 on which the violation occurred as an enforceable lien.
33 (8) The action of the Building Official and/or Fire Marshal deeming or declaring a building to i
34 be unsafe shall not be construed as authorizing unpermitted or unapproved construction,
35 development, additions, replacements, repairs, renovations, or demolition. All required
36 permits and approvals must be obtained prior to the commencement of any such work.
37
38 Sec. 6-28. -Requirements not covered; liability of county or employees. 0
39 Any requirements necessary for the strength, stability or proper operation of an existing or
40 proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public 2
41 safety, health and general welfare, not specifically covered by the Florida Building Code or the
42 other technical codes and regulations, or this chapter, shall be determined by the Bhuilding
E
43 Oefbcial, or his or her authorized designee.
gnee.
44
45
46
Page
Packet Pg.4109
L.6.a
I Sec. 6-29. -Permitting and inspections.
2 (1) The obtainment of a building department inspection or approval does not discharge,
3 exempt,waive, or otherwise release an applicant or owner from his or her duty to comply with any
4 additional requirements of the Monroe County Codes or Monroe County Comprehensive Plan.
5 Neither a Building Department inspection nor an approval issued solely by the Building
6 Department shall constitute administrative action by or approval from the Planning and
7 Environmental Resources Department.
8 The inspection or permitting of any building, system or plan by the county under the 0
9 requirements of the Florida Building Code shall not be construed in any court as a warranty of the U_
10 physical condition of such building, system or plan or their adequacy. Neither the county nor any
11 employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition U
12 or inadequacy in such building, system or plan, nor for any failure of any component of such, that
13 may occur subsequent to such inspection or permitting,unless the employee of the county is found
14 to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful
15 disregard of safety, health and welfare of the public.
16 (3) The Building Official, or his or her authorized designee, may void, rescind, suspend, or
17 revoke a permit or approval issued under the provisions of this chapter in the case of any false
18 statement or misrepresentation of fact in an application or on the plans on which the permit or 0
19 approval was in whole or in part based, or if a permit has been otherwise fraudulently obtained, or 0
20 erroneously issued.
21
22 Sec. 6-30. -Mobile/manufactured homes. 0
23 The placement of mobile/manufactured homes shall be governed by F.A.C. ch. 15C.
24 U)
25 Sec. 6-31. - Stop work orders.
26 Upon notice from the Bhuilding Oefficial, use or work on any building, structure, electrical,
27 gas, mechanical or plumbing system that is being done contrary to the provisions of this Code,the
28 Florida Building Code, or in a dangerous or unsafe manner, shall immediately cease such use or
29 work. Such notice shall be in writing and shall be issued giv-eff to the owner of the property, or to
30 his or her agent, and/or to the person doing the work, and shall state the conditions under which 0
31 work may be resumed. Where an emergency exists, the Bhuilding Oefficial shall not be required
32 to give a written notice prior to stopping the work.
33
34 Sec. 6-32. -Working through a stop work order. U
35 If any person or entity is found by the contractors examining board to violate this chapter by
36 continuing to perform work subsequent to the issuance of a stop work order/red tag and/or a cease 0
37 and desist order, the contractors' examining board may take such action as it deems necessary and U
38 proper to cease such activity, up to, and including a six-month suspension of the permit pulling 0
39 privileges of any contractor, including but not limited to subcontractor(s), performing such work. 0
40
41 Sec. 6-33. - Site debris.
42 (a) The contractor and/or owner of any active or inactive construction project shall be responsible
43 for the clean-up and removal of all construction debris or any other miscellaneous discarded
44 articles prior to receiving final inspection approval.
Page
Packet Pg.4110
L.6.a
I (b) Construction jobsites must be kept clean, such that accumulation of construction debris must
2 not remain on the property or a period of time exceeding 14 days.
3 (c) All construction related debris and/or construction related materials, shall be kept in such a
4 manner as to prevent it from being spread by any other means.
5 (d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all
6 construction related materials, including but not limited to,roof tiles, lumber, scaffolding and
7 debris shall be removed from the construction site, or secured in such a manner as to minimize
8 the danger of such materials causing projectile damage to persons or property due to a high 0
9 wind event. This prohibition shall continue until the tropical storm watch or warning or U-
10 hurricane watch or warning is lifted.
11 U
12 Secs. 6-34-6-54. -Reserved.
13
14 DIVISION 2. -ADMINISTRATION
15 Sec. 6-55. -Building department.
16 (a) Organization and administration. There is hereby established a department called the
17 Bhuilding Ddepartment headed by the Bhuilding Oefficial. Upon recommendation of the 2
18 Cc-ounty Aadministrator, the department shall be assigned to the division of county o
19 government that the Bdoard of Cc-ounty Cc-ommissioners determines appropriate. The
20 Cc-ounty Aadministrator with the approval of the Bdoard of Csounty Csommissioners shall
21 designate the Bhuilding Oefficial.
22 (b) Employee qualifications. The Bduilding Oefficial shall be licensed as a building code 0
23 administrator by the state. All appointed or hired inspectors and plan examiners shall meet the C
24 qualifications for licensing in the appropriate trade as established by the state. U)
25 (c) Building official authority and duties. In addition to the jurisdiction, authority and duties that
26 may be conferred upon the Building Official by other provisions of the Monroe County Codes,
27 t-The Bduilding Oefficial shall have authority to administer, interpret, and enforce provisions
28 of the Florida Building Code, fleedplain management ro tilatiens and this chapter. Such
29 authority,jurisdiction, and duties shall include the following:
30 (1) To process building permit applications and issue, void, rescind, suspend, and revoke
31 building permits and/or applications;
32 (2) To inspect sites, buildings and structures as required by this chapter,the Florida Building
33 Code and the Standard Unsafe Building Abatement Code; i
34 (3) To issue, void, rescind, suspend, and revoke certificates of occupancy and certificates of
35 completion;
36 (4) To maintain building permits, financial, and ether public records ruler of the �
37 department!-s��; 0
38 (5) To establish such policies, and procedures and rules of procedure necessary for the 0
39 administration of his or her responsibilities under the Florida Building Code and this
40 chapter; 2
41 (6) To provide a recording secretary for the purpose of keeping the board of adjustment and
42 appeals;
43 (7)To apprise the Construction Board of Adjustment and Appeals of all facts and information
44 at his or her disposal with respect to matters brought before it,
45 (8) To apprise the Contractors Examining Board of all facts and information at his or her
46 disposal with respect to matters brought before it,
Page
Packet Pg.4111
L.6.a
1 ( -7) To be the official authoritative source to render interpretations of this chapter and the
2 Florida Building Code;
3 (0,9) To enforce provisions of the Florida Building Code and this chapter and the provisions
4 of Ch. 122 of the Monroe County Land Development Code (part II of this Code) as the
5 designated Floodplain Administrator;
6 (113) To issue stop work orders;
7 (12) To issue cease and desist orders and/or cease and desist letters, ,C
8 (13) To prevent any imminent threat of any violation of the Florida Building Code or this 0
9 chapter, U-
10 (14) To prepare and submit petitions for declaratory statements to the Florida Building
11 Commission, U
12 (15) To prepare and submit requests for non-binding interpretations of the Florida Building
13 Code to the Florida Building Commission and/or Building Officials Association of
14 Florida,
15 (16,0) To conduct all other such duties and responsibilities as are otherwise required by the
16 Florida Building Code and this chapter;
17 (17-�)To determine the extent of damage or destruction of nonconforming uses and structures,
18 in cooperation with the Pplanning P4irector; 0
19 (18) To the extent such decision may substantively involve the Florida Building Code or this 0
20 chapter, in his or her discretion, issue a concurrence with the Planning Director's
21 decision to suspend consideration of any application for development approval during ,>
22 the pendency of a code compliance proceeding involving all or a portion of a parcel
0
23 proposed for development,
24 g
25 A
26 0 i.or�rr t,;�; ,,� of ao. E
27 P,
28
29
31 LL9 {�4}To advise permittees that additional federal or state permits may be required, and if 0
32 specific federal or state permits are known to have been issued, to require that true and
33 correct complete copies of such permits be obtained and provided and maintained on
34 file with the building permit application;
35 (20) Whenever the Building Official reasonably believes that the work for which a permit or
36 approval has been issued is not being performed in conformity with plans,
37 specifications, or descriptions, or approved plans are not being kept at the site, to take
38 appropriate action authorized under the Florida Building Code, this chapter, or as U
0
39 otherwise provided for in the County Codes, 0
40 0
41
42
43 E
45 (17)To ver-ify and r-eeer-d t4e aetual elevation(in r-elation to fnean sea level) of t4e lowest floe <
46 ;
Page
Packet Pg.4112
L.6.a
I
3
4
5
6
7
9 (21) Alhe* base flood elevat4e* data has *et bee* pfevided i* aeeer-dft-ftee W44 ehaptef 122, U_
10
11
12 f the ,.ede; rsr
13 21 {�To provide the Bboard of Cc-ounty Cc-ommissioners and the Pplanning Csommission
14 with reports and recommendations with respect to matters before such bodies, as
15 directed by the Bboard of Cc-ounty Cc-ommissioners
16 ,a:,�e Pplanning Ddirector, Assistant County Administrator, or the Csounty
17 A-administrator; and
18 LZ2 J(�To administratively review those building permits issued before October 1, 1998 0
19 and close said permits if no known factor exists to keep said permit open. 0
20 (23) Concealed Work. The Building Official may order portions of the structural frame of a
21 building and/or structure to be exposed for inspection when, in his or her opinion, there >
22 are good reasons to believe that a building or a part or portion thereof, is in an unsafe or
23 dangerous condition or that there is willful or negligent concealment of a violation of
24 the Florida Building Code or this chapter. g
U)
25 (24) Illegal Chan ego Occupancy/Occupancy Use. Whenever any building or structure or
26 part or portion thereof is being used or occupied contrary to the provisions of the Florida
27 Building Code or this chapter, the Building Official shall order such use or occupancy
28 discontinued and the building or structure or part or portion thereof vacated. Such order
29 shall be by notice in writing, issued to the person or persons using, or causing to be used,
30 such building or structure or part or portion thereof. Use or occupancy shall not resume
31 until the violations for which particular notice was issued have all been cured. 0
32 (d)Defense of Bbuilding Oefcial. The county shall defend the Bbuilding Oefficial in any action
33 wherein the Bbuilding Oefficial's act of administratively closing an open permit is challenged.
i
34 If said defense is unsuccessful, the county shall be responsible for any damages resulting
35 directly from the action against the Bbuilding Oefficial. U
36
37 Sec. 6-56. - Construction board of adjustment and appeals.
38 (a)Jurisdiction, authority, and duties. There is hereby established a board called the construction U
a�
39 board of adjustment and appeals. This board shall have the following jurisdiction, authority, 0
40 and duties: 0
41 (1)To consider and render decisions on appeals of administrative decisions and interpretations
42 of the Bbuilding Oefficial or his or her authorized designee _related to the Florida Buildingrel related to the Florida Building
43 Code and this chapter; E
44 (2) To consider and grant variances to the Florida Building Code; and
45 (3)To approve cost approach appraisals for determination of market value pursuant to the <
46 floodplain regulations under part II of this Code.
Page
Packet Pg.4113
L.6.a
1 (4) This board shall not serve as the local construction regulation board. The contractors
2 examining board shall serve as the local construction regulation board. The powers and
3 duties of the contractors examining board are defined in chapter 6,division 3 of this Code.
4 (5) The failure or denial of a permit pursuant to or by reason of the planning director's
5 determination of non-compliance with part II of this Code or with the Comprehensive
6 Plan shall not be within the jurisdiction or scope of review of the board of adjustment
7 and appeals. The failure or denial of a permit pursuant to or by reason of administrative
8 actions, decisions, or interpretations regarding the floodplain management provisions of 0
9 the county Codes shall not be within the jurisdiction or scope of review of the board of U-
10 adjustment and meals. No decision by the code compliance special magistrate, by the
11 planning commission,by an administrative hearing officer,or by the historic preservation U
12 commission, shall be jurisdictionally reviewable or within the scope of review of the
13 board of adjustment and appeals.
14 (b)Membership, appointment, removal, terms, and vacancies:
15 (1) The construction board of adjustment and appeals shall consist of ten members.
16 (2) The construction board of adjustment and appeals shall consist of all the members of the
17 contractors examining board,with the exception of the two alternate members as provided
18 for in section 6-263(6) plus one registered architect and one registered professional 0
19 engineer appointed by the board of county commissioners. 0
20 (3)Terms of office,removal,vacancies,the regularity of meetings and administrative hearings
21 shall be governed by the same rules and regulations as the contractors examining board. ,>
22 (c) Standard of Review. An meal under this section shall be considered an meal to an
0
23 administrative tribunal and shall not be a hearing de novo but shall be limited to appellate
24 review of the record created before the Building Official. The appellant shall be required to g
25 demonstrate that the Building Official's, or his or her designee's, decision or interpretation is
26 clearly erroneous, based upon clearly convincing record evidence. In resolving _an appealn appeal
27 under this section, the Building Official's administrative interpretations of the Florida
28 Building Code and this chapter, the county Building Department's administrative staff
29 interpretations of the Florida Building Code and this chapter, and the county Planning and
30 Environmental Resources Department's and the county Code Compliance Department's
31 administrative staff interpretations of the Monroe County Codes are legally entitled to 0
32 deference and great weight before the construction board of adjustment and appeals, at trial,
33 and on meal, and such administrative interpretations should not be modified or overturned
34 unless clearly erroneous. If such administrative interpretation is within the ran _ge of possible `of possible
35 and reasonable interpretations, it is not clearly erroneous and should be affirmed.
36 (d) Standing An appeal may be initiated by the owner of a building, structure, or service system,
37 who has received a final, written administrative decision or interpretation from the Building
38 Official or his or her authorized designee, or by a person who, as a result of such a decision U
0
39 or interpretation, has suffered or will resultantly suffer a special injury differing in kind from 0
40 that suffered by the community at large. For justiciability or standing purposes, the onlX 0
41 interests covered by special injuries under this section are interests expressly protected by this ..
42 chapter, the Florida Building Code, or health and safety interests. It shall be legally
43 insufficient for justiciability or standing_purposes for an appellant to allege a special injury E
44 that is only different in degree from the community at large and that is not different in kind 2
45 from the community at large.Further,for justiciability or standing purposes,an alleged special <
46 injury must exceed in degree the general interest in a community good. For example,take the
Page
Packet Pg.4114
L.6.a
I following non-exhaustive scenarios: Neither party's claim that such a decision or
2 interpretation adversely affects his or her generalized interest in environmental or natural
3 resource protection,nor a party's claim that such a decision or interpretation adversely affects
4 his or her generalized interest in building code enforcement, shall be justiciable.
5 (e) The Record. The appellant's record shall close upon the date of the final administrative decision
6 or interpretation of the Building Official. The Building Official shall have up to 70 calendar
7 days from the date the appellant's notice of appeal is deemed properly and timely filed, and
8 complete, in which to serve all parties and the construction board of adjustment and appeals 0
9 all staff reports and materials that his or her final administrative decision or interpretation U-
10 relied upon.
11 (f) Discovery. No discovery shall be taken in an appeal under this section. No subpoenas may be U
12 issued for documents or witnesses under this section.
13 (g) Action of the Construction Board of Ad and Appeals. The construction board of
14 adjustment and appeals shall consider all of its proceedings at a duly advertised public hearing
15 following receipt eceipt of all records concerning the subject matter of the appeal and following _the
16 Building Official's arrangement for the scheduling of said hearing. Any person entitled to
17 initiate an appeal may, along with County staff and counsel, have an opportunity to address
18 the construction board of adjustment and appeals at that hearing and all parties to the appeal 0
19 shall have the opportunity to present evidence and create an appellate record before the 0
20 construction board of adjustment and appeals; the term "appellate record" shall not be
21 construed or interpreted to abrogate subsections (c) or (e) of this section. Any appeals before ,>
22 the construction board of adjustment and appeals shall be based upon and restricted to the
0
23 record in conformity with subsections (c) and(e) of this section.
24 LIIJ Appeal to Administrative HeariLg O acer. Any person participating as an appellant g
U)
25 or appellee may request an appeal of the decision of the construction board of adjustment and
26 appeal, under Chapter 102, Division 2 of Part II of this Code by filing the notice required bX
27 that article within 30 days after the date of the written decision of the construction board of
28 adjustment and appeals. ,
29
30
31 deeision of the board shall also ineltide t4e r-easen f9r-t4e deeision. if a deeision of t4e bear- 0
32 �
33 �i
34
35
36 deeisie* shall be se*t by mail or- e�hefwise to �he appella-ftt a-Rd a eopy shall be kept p4liely
37 poste in t4e effiee of t4e ktilding effieial for-twe weeks after- filing. Evet=y deeision of t4-e
38U
40 0
41 Sec. 6-57. -Administrative-aAp peals and Procedures. ..
42 (a) Scope of appeals. An appellant may file an appeal under Section 6-56(a)(1) T4e ,.. ffe e
43
44
45 vnedby stiehper-son related to toe Fie-i Btiil in repo to the construction board
46 of adjustment and appeals only if one of the following conditions is alleged to exist:
Page
Packet Pg.4115
L.6.a
1 (1) The 134uilding Oefficial or his or her authorized designee gnee rejected or refused to approve
2 the mode or manner of construction proposed to be followed or materials to be used in the
3 installation or alteration of a building, structure or service system;
4 (2) The provisions of the Florida Building Code or this chapter do not apply to this specific
5 case;
6 (3) An equally good or more desirable form of installation can be employed in any specific
7 case; or CL
8 (4) The true intent purpose and meaning of the Florida Building Code,this chapter, or any of 0
9 the regulations thereunder have been misconstrued or incorrectly interpreted. U-
10 (b)Initiation of appeals. A notice of meal in the form prescribed and approved by the Building
11 Official must be timely filed by the appellant with the county Building Department within 30 U
12 calendar days of the date of the decision or interpretation forming the subject of the meal,
13 and must be timely served upon the County Attorney's Office within 30 calendar days of such
14 date. The notice of meal shall be accompanied by a nonrefundable fee. No notice of meal
15 shall be deemed complete without payment of required fees. The failure to timely and properly
16 initiate an meal under this section shall constitute an irremediable jurisdictional waiver of
17 any rights to appeal or otherwise challenge or attack such decision or interpretation,for failure
18 to exhaust available administrative remedies. The waiver effectuated by failure to timely and 0
19 properly appeal within 30 calendar days of such decision or interpretation, shall also operate 0
20 as an irrevocable jurisdictional wavier of the right to meal or otherwise challenge or attack
21 any portion of a subsequent administrative decision or interpretation, that in part or in whole ,>
22 relies upon an earlier related administrative decision or interpretation,which was never timely <
0
23 and properly appealed pursuant to this section.
24 (1) Upon receipt of a notice of meal, the Building Department shall deem it complete, and g
25 properly and timely filed, or shall deem it improperly or untimely filed, or incomplete. The
26 County shall have 30 working days to notify an appellant if its notice of appeal is untimely
27 or improperly filed or is incomplete. No further action shall be taken on the meal
28 application unless all deficiencies are remedied. An untimely, improperly filed, or
29 incomplete notice of meal shall not constitute a valid, legally effective, or legally
30 cognizable notice of appeal, and in no event shall the 30-day period to initiate a notice of
31 appeal under this section be tolled during any period in which a notice of appeal has been 0
32 deemed improperly bled, incomplete, or otherwise insufficient.
33 (2) If the Building Department determines the notice of meal is complete, and has been i
34 properly and timely filed, it shall notify the appellant.
35
36
37 by a nonrefundable fee. No notiee of appeal shall be deemed eemplete W440tA payfHe
38 0 ,-e fees U
39 (c) Brie s �s. Briefs, if any, shall be typed or printed pursuant to the same rules for 0
40 appellate briefs set forth in the Florida Rules of Appellate Procedure. The appellant's initial 0
41 brief shall be served upon the attorney of record for Monroe County and filed with the ..
42 Building Department within up to 30 days of notification that the appellant's notice of appeal
43 has been deemed complete and timely. The answer brief shall be served upon appellant within E
44 M to 30 days of the filing and service of the initial brief. A reply brief, if any, must be served
45 upon the attorney of record for Monroe County and filed with the Building Department within <
46 15 days of the filing and service of the answer brief. An argument, issue, or ground for relief
Page
Packet Pg.4116
L.6.a
I not raised in the initial brief is deemed abandoned and waived and may not be raised for the
2 first time in a reply brief.
3 (1) All briefs shall contain the following;
4 a. The style of the meal; 0
5 b. The case number, if any;
6 c. The name of the party on whose behalf the brief is filed,
7 d. The name,address,e-mail address,and telephone number of the person filing the brief, C
8 e. The electronic or non-electronic signature of the person filing the brief, and 0
9 f. A certificate of service that copies have been furnished to all other parties to the
10 appeal.
11 (2) All initial briefs shall, at minimum, contain the following; u
12 a. A table of contents listing the issues presented for review, with reference to pies,
13 b. A table of citations with cases listed alphabetically, statutes and other authorities and
14 the pages of the brief on which each citation wears,
15 c. A statement of all disputed issues of material fact. If there are none, the initial brief
16 must so indicate,
17 d. A concise statement of the ultimate facts alleged, including the specific facts the
18 appellant contends warrant reversal of the Building Official's administrative decision 0
19 or interpretation; and 0
20 e. An exhaustive statement of all specific local Code sections, ordinances, state statutes,
21 or administrative rules the appellant contends require reversal of the Building ,>
22 Official's decision or interpretation, including an explanation of how the alleged facts
0
23 relate to said Code sections, ordinances, state statutes, or administrative rules, and
24 f. A conclusion, of not more than one page, setting forth the precise relief sought. g
25 (3) All reply briefs, if any, shall, at minimum, contain the following:
26 a. A table of contents listing the issues presented for review, with reference to pages,
27 b. A table of citations with cases listed alphabetically, statutes and other authorities and
28 the pages of the brief on which each citation wears, and
29 c. A conclusion, of not more than one page, setting forth the precise relief sought.Upeff
30
31
32 of adjtistment and appeals. The bttilding offieials shall prepare a staff r-epot4 and shall
33 i
34
36 (d) Motions. All motions shall be in writing and shall fully state the action requested and the
37 grounds relied upon. All motions must be filed with the Building Department and served on
38 all parties. Non-moving parties may, within 20 days of service of a motion, file a response in u
a�
39 opposition.No reply to the response shall be permitted.Motions other than motions to dismiss, 0
40 for a more definite statement, or to strike, shall include a statement that the movant has 0
41 conferred with all other parties of record and shall state as to each party whether the party has ..
42 any objection to the motion. The statement that the movant was unable to contact the other
43 party or parties before filing the motion must provide information regarding the date(s) and E
44 method(s)by which contact was attempted.
45 (1) Motions to Dismiss. <
Page f AK
Packet Pg.4117
L.6.a
I a. A motion to dismiss may be filed no later than 30 days after the filing and service of
2 the initial brief. The service of such a motion to dismiss shall alter the period of time
3 by which the appellee must file and serve its answer brief so that if the construction
4 board of adjustment and meals denies the motion, the appellee's answer brief shall
5 be filed and served within 30 days after appellee's attorney of record's receipt of the
6 order denying the motion.
7 b The appellee may file a motion to dismiss the meal with no applicable time limit if
8 the motion is based upon a lack of jurisdiction or incurable errors in the notice of 0
9 appeal or meal brief. U_
10 (2) Motions for More Definite Statement. If a brief is so vague and ambiguous that a party
11 cannot reasonably be required to frame an answer brief or reply brief,that party may move u
12 for a more definite statement before interposing an answer brief or reply brief. The service
13 of such a motion for a more definite statement shall alter the period of time by which the
14 appellee must file and serve its answer brief so that if the construction board of adjustment
15 and meals denies the motion, the appellee's answer brief shall be served within 30 days
16 after the appellee's attorney of record's receipt of the order denying the motion. The motion
17 shall point out the defects complained of and the details desired. If the construction board
18 of adjustment and meals grants such motion, the amended brief shall be filed and served 0
19 within 20 days after notice of the board of adjustment's action. If the motion is granted and 0
20 the board of adjustment's order is not obeyed within 20 days after notice of the order or
21 such other time as the hearing officer may fix,the meal shall be dismissed with prejudice. ,>
22 (3) Motion to Strike. A party may move to strike or the construction board of adjustment and
0
23 appeals may strike redundant, immaterial, impertinent, scandalous, or non-record material
24 from any brief or motion at any time. g
25 (4)Motion for Extension of Time. Motions for extension of time shall be filed and served prior
26 to the expiration of the deadline sought to be extended and shall state good cause for the
27 request.
28 (5)Motion for Continuance. Motions for continuance of an meal hearing may be granted for
29 good cause shown. Except in cases of emergency, motions for continuance must be made
30 at least five (5)business days prior to the date noticed for the hearing
31 (6) Motion for Judicial Notice. The construction board of adjustment and meals shall take 0
32 judicial notice of any matter set forth below when a party properly motions for it and _gives
33 each adverse party timely written notice of the request, proof of which is filed with the
34 county Building Department and served upon the opposing attorney of record, to enable
35 the adverse party to prepare to meet the request and furnishes the court with sufficient
36 information to enable it to take judicial notice of the matter.
37 a. Specifically identified (by pinpoint citation) duly enacted ordinances and resolutions
38 of the Monroe County Board of County Commissioners. u
39 b. Specifically identified(by pinpoint citation)provisions of the Monroe County Code of 0
40 Ordinances and Monroe County Land Development Code. 0
41 c. Specifically identified (by pinpoint citation) objectives,policies, and provisions of the
42 Monroe County Comprehensive Plan.
43 d. Specifically identified (by pinpoint citation)provisions in the Florida Building Code. E
44 e. Specifically identified(by pinpoint citation)public statutory law and resolutions of the
45 Florida Legislature and the Congress of the United States. <
Page
Packet Pg.4118
L.6.a
I f. Specifically identified legislative staff reports and legislative materials prepared in
2 connection with slip laws corresponding to public statutory law of the Florida
3 Legislature and the Congress of the United States.
4 g. Specifically identified(by pinpoint citation) rules or regulations in the Code of Federal
5 Regulations.
6 h. Specifically identified (by pinpoint citation) rules or regulations in the Florida
7 Administrative Code.
8 (e) ComputinZ Time. In computing the jurisdictional period of time an appellant must file a notice 0
9 of appeal herein, the day the final administrative decision is issued shall be included. In U-
10 computing any other period of time under this section,the day of the act from which the period
11 of time begins to run shall not be included. The last day of the period shall be included unless U
12 it is a Saturday, Sunday, or legal holiday as that term is defined at Florida Rule of Judicial
13 Administration 2.514(a)(6), in which event the period continues to run until the next day that
14 is not a Saturday, Sunday, or legal holiday as that term is defined at the foregoing Florida Rule
15 of Judicial Administration.
16 fa' Decisions on appeals. In rendering its decision in accordance with the provisions of section 6-
17 56(gc-), the construction board of adjustment and appeals must find that at least one of the
18 conditions in subsection(a)of this section have been met in order to overturn an administrative 0
19 decision or interpretation of the Bhuilding Oefficial or his or her designee. _0
20
21 >
22 t4e ktilding ffieial d
0
23
24 Sec. 6-58. -Variances. g
25 (a) Purpose. The purpose of this section is to establish procedures and standards for varying the
26 application of provisions of the Florida Building Code.
27 (b)Authority and scope of authority. The construction board of adjustment and appeals shall have
28 the authority to vary the application of any provision of the Florida Building Code in
29 accordance with the standards in subsection (d) of this section. The construction board of
30 adjustment and appeals shall not consider variance requests pertaining to floodplain
31 management requirements which shall be reviewed pursuant to the provisions of Ch. 122 of 0
32 the Monroe County Land Development Code (part II of this Code).
33 (c) Application and procedures. An application in the form prescribed and approved by the
34 Building Official must be timely filed by the applicant with the Building Department within
35 30 days of the date of the decision, determination, application, or interpretation of the Florida
36 Building Code by the Building Official or Building Department staff person triggering or
37 giving rise to the variance application. The application shall be accompanied by a
38 nonrefundable fee. No application shall be deemed complete without payment of required U
a�
39 fees. The failure to timely and properly file a variance application under this section shall 0
40 constitute an irremediable jurisdictional waiver of any rights to appeal or otherwise challenge
41 or attack such decision, determination, application, or interpretation of the Florida Building ..
42 Code, for failure to exhaust available administrative remedies. The waiver effectuated by u
43 failure to timely and properly appeal within 30 calendar days of such action shall also operate E
44 as an irrevocable jurisdictional waiver of the right_ to appeal or otherwise challenge or attack
45 any portion of a subsequent decision, determination, or interpretation of the Florida Building <
46 Code, that in part or in whole relies upon an earlier related decision, determination,
Page
Packet Pg.4119
L.6.a
I application, or interpretation of the Florida Building Code, for which a variance application
2 was never timely and properly filed.
3 (1) Upon receipt of a variance application, the Building Department shall deem it complete,
4 and properly and timely filed, or shall deem it improperly or untimely filed, or incomplete.
5 The County shall have 30 working days to notify an applicant if the application is
6 improperly filed or is incomplete. No further action shall be taken on the variance
7 application unless all deficiencies are remedied. An untimely, improperly filed, or
8 incomplete variance application shall not constitute a valid, legally effective, or legally 0
9 cognizable variance application, and in no event shall the 30-day period to initiate an U-
10 application for variance relief under this section be tolled during any period in which a
11 variance application has been deemed improperly filed, incomplete, or otherwise U
12 insufficient.
13 (2) If the Building Department determines the variance application is complete, and has been
14 properly and timely filed:
15 a. The Building Department shall notify the applicant, and the Building Official or his or
16 her designee shall arrange for a hearing to be scheduled before the construction board
17 of adjustment and appeals;
18 b. Within sixty(60)days of receipt of a complete and properly and timely filed aplication 0
19 for a variance under this section, the Building Official and/or his or her designee(s) _0
20 shall review the aplication, and file a Report and Recommendation with the
21 construction board of adjustment and appeal. The same shall be served upon the ,>
22 applicant. The variance aplicant may file a written objection to the Reports and
0
23 Recommendations of the Building Official and/or his or her designee(s) _within 30wi within 30
24 calendar days of the date of filing of the Report(s) and Recommendation(s). g
U)
25 E
26
27
28
29 board of adjtistment a*d appeals. The ktilding effieial shall prepare a staff r-epeFt W44
30
31
32 too sehe"Ied hearing.
33 (d)Decisions on variance requests. i
34 LI) In rendering its decision in accordance with the provisions of section 6-56(gs), the
35 construction board of adjustment and appeals shall only grant a variance if it finds that
36 enforcement of the Florida Building Code to this specific situation would do manifest
37 injustice and would be contrary to its intent,text,Viand purpose, and the public interest,
38 and if it also finds all of the following: U
a�
39 Special conditions and circumstances exist that are peculiar to the building, structure or 0
40 service system involved and that are not applicable to others; 0
41 b.O The special conditions and circumstance do not result from the action or inaction of the
42 applicant;
43 c.(�) Granting the variance requested will not confer on the applicant any special privilege E
44 that is denied by the Florida Building Code to other buildings, structures or service
45 systems; d
Page
Packet Pg.4120
L.6.a
1 d.(4) The variance granted is the minimum variance that will make possible the reasonable
2 use of the building, structure or service system; and
3 f.(--'�) The grant of the variance will be consistent with the text
4 intent and purpose of this Code and will not be detrimental to the public health, safety
5 and general welfare.
6 (2) The aplicant carries the initial legal and evidentiary burden to demonstrate compliance
7 with the County's Codes and Florida Building Code, and to support its application. The C
8 applicant's evidentiary burden shall be to prove all material factual allegations by clear and 0
9 convincing evidence. M
10 (3) In resolving an aplication under this section, the Building Official's administrative
11 interpretations of the Florida Building Code and this chapter, the Building Department's U
12 administrative staff interpretations of the Florida Building Code and this chapter, and the
13 Planning and Environmental Resources Department's and the Code Compliance
14 Department's administrative staff interpretations of the Monroe County Codes are legally
15 entitled to deference and great weight before the construction board of adjustment and
16 appeals, at trial, and on appeal, and such administrative interpretations should not be
17 modified or overturned unless clearly erroneous. If such administrative interpretation is
18 within the range of possible and reasonable interpretations, it is not clearly erroneous and 0
19 should be affirmed. 0
20 (e)Limitations. When the construction board of adjustment and meals considers whether to grant
21 a variance, the following factors shall not be considered material or relevant to the board of >
22 adjustment and meals' decision:
23 LI)The physical disabilities or handicaps and health of the applicant or members of his or her
24 family, g
25 (2) The domestic difficulties of the applicant or members of his or her family; E
26 (3) The financial difficulty of the applicant in complying with this chapter or with the Florida
27 Building Code, .,
28 (4) The difficulty of marketing, advertising, or selling _the property, building, or structure,
property, building, or structure,
29 (5) The uses, occupancies, types, configuration, value, elevation, or materials of surrounding
30 or nearby buildings or structures,
31 (6) Any difficulty related to a codified law, rule, regulation, or matter of record, which the 0
32 applicant or members of his or her family,were on actual or constructive notice of prior to
33 acquiring the property, and could therefore have been avoided, or which may be
34 characterized as a self-created hardship,
35 (7) Non-unique or non-peculiar characteristics of the aplicant's property, building, or
36 structure.
37 f) Variance conditions. In granting the variance,the construction board of adjustment and appeals
38 may prescribe a reasonable time limit within which the action for which the variance is U
a�
39 required shall be commenced or completed or both. In addition, the board may prescribe 0
40 appropriate conditions and safeguards in conformity with the Florida Building Code. 0
41 Violation of the conditions of a variance shall be deemed a violation of this chapter and the
42 Florida Building Code.
43 ( peal to Administrative HeariLig Of cer. The applicant or the County may request an appeal E
44 of the decision of the construction board of adjustment and appeal, under Chapter 102,
45 Division 2 by filing the notice required by that article within 30 days after the date of the <
46 written decision of the construction board of adjustment and appeals.
Page
Packet Pg.4121
L.6.a
1
2 Sec. 6-59. -Right of entry.
3 (a) Inspections. Whenever necessary to make an inspection to enforce any of the provisions of
4 the Florida Building Code, or whenever the Bbuilding Oefficial or his or her authorized
5 designee _has reasonable cause to believe that there exists in any building or structure or upon
reasonable cause to believe that there exists in any building or structure or upon
6 any premises any condition or code violation that makes such building, structure, premises,
7 electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the
8 Bbuilding Oefficial or his or her authorized designee may enter such building, structure or 0
9 premises at all reasonable times to inspect the same or to perform any duty imposed upon the U-
10 Bbuilding Oefficial by the Florida Building Code. If such building, structure or premises are
11 occupied, he or she shall first present proper credentials and request entry. If such building, U
12 structure, or premises are unoccupied, he or she shall first make a reasonable effort to locate
13 the owner or other persons having charge or control of such and request entry. If entry is
14 refused,the Bbuilding Oefficial or his or her authorized designee shall have recourse to every
15 remedy provided by law and equity to secure entry.
16 (b) Prohibition on entry. When the Bbuilding Oefficial shall have first obtained a proper
17 inspection warrant or other remedy provided by law or equijy to secure lawful entry,no owner
18 or occupant or any other persons having charge, care or control of any building, structure, or 0
19 premises shall fail or neglect,after proper request is made as herein provided,to permit prompt 0
20 entry therein by the Bbuilding Official or his or her authorized designee for the purpose of
21 inspection and examination pursuant to the Florida Building Code and this chapter. ,>
22
0
23 Secs. 6-60-6-76. -Reserved.
24 g
U)
25 DIVISION 3. -PERMITS, INSPECTIONS AND CERTIFICATES OF OCCUPANCY
26
27 Subdivision I. -In General .,
28
29 Sec. 6-77. - Certificate of competency required.
30 It shall be unlawful for any person or firm to engage in the business or act in the capacity of a
31 contractor, subcontractor, master,journeyman or maintenance personnel, as hereinafter defined, 0
32 anywhere within the unincorporated areas of this county without a current valid certificate of
33 competency issued by either the county or by the state.
34
35 Sec. 6-78. - Tests for product compliance. U
36 For products not covered under the statewide product evaluation and approval system, the
37 Bbuilding Oefficial or his or her authorized designee may require tests or test reports as proof of
38 compliance. Required tests are to be made at the expense of the owner, or his or her agent, by an U
a�
39 approved testing laboratory or other approved agency. 0
40 Secs. 6-79-6-99. -Reserved. 0
41 2
42
43 Subdivision II. -Permits
44
45 Sec. 6-100. -Permits required.
Page
Packet Pg.4122
L.6.a
I (a) Applicability. A permit shall be required for all work shown in the following table, except
2 where specifically exempted this section.
3
U)
Work Requiring a Permit Residential Exceptions q g P
Site preparation including: land S
clearing,placements of fill, excavation, 2
and blasting; however, no permit for site None. However, no fee(including education; contractor C
preparation may be issued except in investigation; or tech fees)shall be charged for invasive exotic 0
conjunction with the establishment of a vegetation removal if permit is not classified as clearing and U_
grubbing. W
use or structure allowed in the land use X�
district. U
�s
A permit is not required for the removal of ten or fewer stems of 5
invasive exotic vegetation on parcels with a lawfully established
principal use;however, this exemption shall not apply if the removal M
Removal of invasive exotic vegetation is part of a larger clearing operation undertaken in segments within 0
any one calendar year,whether by the same or different contractors
and/or the property owner or if undertaken in conjunction with any S
construction. 0
a�
A permit or mitigation is not required if a property owner obtains �+
documentation from an arborist certified by the International Society
Pruning, trimming, or removal of trees >
of Arboriculture or a Florida licensed landscape architect that a tree 'a
presents a danger to persons or property. 0
None.
Demolition �+
efk;s loss th r $2 500 nn a+id all re-tined ,444ies ti.,. a bbee
„rer e-ly diseenneeted.
Tie downs of habitable structures F None
Those signs that are specifically exempt from permit requirements
Signs pursuant to part II of this Code;however,in no case shall a sign be
exempt if its installation represents a threat to life and safety. 0
Fences None
Sheds
None. Effective July 1 2013, sheds are no longer exempt from
permitting per this Section.
Chickees not constructed by Miccosukee None
or Seminole Indians
0
Any new construction and remodeling Interior remodeling where the fair market value of such work is less U
0
work of principal and accessory than $2,500.00 and there is no change in the original size or 0-
structures configuration. 0
Exterior and interior painting of single- and two-family residential 4,
buildings. ass
Installation of carpeting and floor coverings in single- and two-
family residential buildings that have previously been inhabited,if
the fair market value of the work is less than $5,000.00.
Page IQ-FAK
Packet Pg.4123
L.6.a
Normal maintenance or ordinary minor repairs where the fair market
value of such work is less than $2,500.00.
All work in the electrical, mecha
nical, Normal maintenance or ordinary minor repairs where the fair market �
and plumbing trades value of such work is less than $2,500.00.
The installation of satellite antennas and microwave receiving
antennas that do not exceed one meter in diameter but only where
CL
mounted on existing buildings or structures. a
............................................................................................................................................................................................................................................................................................................................................................................................................................................
All work subject to the floodplain Normal maintenance or ordinary minor repairs where the fair market
management requirements of the Florida value of such work is less than $2,500.00.
Building Code and part II of this Codeis
.................................................................................................................................................................................................................................................................................................................................................................................................................
rss
Resource extraction activities (as defined
in part II of this Code) None
E
Any work involving life safety None
1 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new work
2 involving electrical, mechanical, plumbing or any improvements subject to floodplain regulations; and if
3 the construction,repair,remodeling or improvement work is a part of a larger or major operation,whether
4 undertaken by the same or different contractor. NO EXCEPTIONS apply to work conducted below base 0
5 flood elevation and/or subject to the floodplain management requirements of the Florida Building Code
6 and Monroe County Codes to buildings or structures located within a Coastal Barrier Resource System
7 (CBRS) or structures located within flood zone AE or flood zone VE. All residential work that is exempt >
8 from Monroe County permitting shall still comply with the Florida Building Code,this chapter, and part II
0
9 of this Code and shall be subject to code compliance.
10 g
11 (b) Separate permit required. A separate permit shall be required for each principal structure and U)
12 any dock, seawall, and riprap accessory structure.
13 (c)Blanket invasive exotic removal permit. An annually renewable blanket permit for the removal
14 of invasive exotic vegetation is available to not-for-profit conservation agencies as approved
15 by the county biologist.
16 (d) Permit exemptions for a Hurricane rr - event with declared a State ofLocal Emergency
17 Notwithstanding the provisions of subsection (a) of this section, the following work shall be 0
18 exempted from requiring a permit prior to the time periods specified below:
19 (1) No permit shall be required where imminent danger to life or safety exists or to prevent
20 further property damage caused by a Hurricane Wilma. Property owners may make
21 necessary repairs to the minimum extent necessary without a permit; however, U
22 photographs should be taken before and after the necessary repairs for inclusion with
23 subsequent permit applications, as necessary. This exemption from the permitting 0
24 requirements of this chapter shall be for a period of 60 days based a resolution approved U
25 by the Board of County Commissioners (BOCQ 0
26 fFefn whieh t4is seet4efi is der-ived. The permit exemption duration may only be extended 0
27 at the discretion of the BOCC by an additional resolution.
28 (2) No permit shall be required for any residential work involving the replacement of 300
29 square feet or less of storm damage roof shingle and underlayment. This exemption from E
30 the permitting requirement of this chapter shall be for a period of 60 days based a
31 resolution approved by the Board of County Commissioners (BOCC)4 em h- ��
32 date of toe or-di anee fFefn whieh this seetion is de-ive a The permit exemption duration
33 may only be extended at the discretion of the BOCC by an additional resolution.
Page
Packet Pg.4124
L.6.a
1 (3) No permit shall be required for any work involving the demolition/removal of dry wall,
2 cabinet and vanities, heating/cooling and electrical systems, and floor coverings in
3 flooded structures, and demolition of storm damaged accessory structures or docks,
4 seawalls, and lifts. This exemption from the permitting requirement of this chapter shall
5 be for a period of 90 days based a resolution approved by the Board of County
6 Commissioners (BOCC) f of toe off etive,a e ft4e or-dinanee f of whieh t4is see
7 is The permit exemption duration may only be extended at the discretion of the
8 BOCC by an additional resolution. 0
9 (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of U_
10 Indians or the Seminole Tribe of Florida require a land development permit. The term
11 "chickee" means an open-sided wooden but that has a thatched roof or palmetto or other U
12 traditional materials, and that does not incorporate any electrical, plumbing, or other non-
13 wood features. Chickees shall comply with part II of this Code and shall be subject to code
14 compliance. E
15
16 Sec. 6-101. -Building permit application process.
17 (a)Application. An applicant for a building permit shall submit a completed application on a form
18 prescribed and approved by the Bhuilding Oefficial along with a nonrefundable fee, if 0
19 required by this chapter, and any other drawings, diagrams, and materials required by the
20 Bhuilding Oefficial to ensure compliance with the Florida Building Code and this chapter.
21 The application shall be properly executed signed by the owner of the property or his or her
22 authorized agent.No application shall be accepted for processing that is not deemed complete, 0
23 legally sufficient, and that includes payment of all required fees, without the express written
24 approval of the Bhuilding Oefficial. U)
25 (b)Agents for owner builders. In accordance with F.S. ch. 489, an agent may not apply for,nor be
26 issued a permit on behalf of an owner builder.
27 (c)Permit issuance. A building permit shall only be issued if the Bhuilding Oefficial finds that it
28 is consistent with the Florida Building Code and this chapter and is compliant with part 11 of
29 this Code, as determined by the Pplanning Wirector.
30 (d)Permit conditions. The Bhuilding Oefficial may place conditions on a permit as are necessary
31 to ensure development is carried out in compliance with all applicable laws and regulations. 0
32 Violation of a permit condition shall be constitute a violation of this chapter by operation of
33 law. i
34 (e)Inspection prior to issuance of a permit. Before issuing a permit, the Bhuilding Oefficial may
35 examine or cause to be examined any building,electrical, gas,mechanical or plumbing system
36 for which an application has been received for a permit to enlarge, alter, repair, move,
37 demolish, install or change the occupancy. He or she, or his or her authorized designee, shall 0
38 inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time U
39 to time, during and upon completion of the work for which a permit was issued. He or she, or
40 his or her designee, _shall make a record of every such examination and inspection and of all make a record of every such examination and inspection and of all 0
41 violations of the technical codes.
42 u
43 Sec. 6-102. -Permit application time limitations.
44 (a) Time limitations on permit application. Unless the permit has been issued or the approved
45 permit application has been entered into the permit allocation system process as provided for
46 under part II of this Code, an application for a permit shall be deemed to have been abandoned
Page
Packet Pg.4125
L.6.a
I and become null and void six months after the date of filing for the permit,except as otherwise
2 provided for in this chapter. A one-time extension for a period of not more than 90 days may
3 be authorized by the 134uilding Oefficial provided that the extension is requested in writing
4 along with a nonrefundable fee.
5 (b) Notification of ready permit. The building department shall notify the permit applicant for
6 principal structures that the permit is ready to be issued (the "ready permit"). In the case of
7 applications within the permit allocation system, as governed by part II of this Code,
8 notification shall be by certified mail to the name and address given by the applicant on the 0
9 application. For all other permit applications, notice may be verbal or written as appropriate. U_
10 (c) Expiration of ready permits. In the case of permit applications within the permit allocation
11 system, ready permits that are not picked up within 60 days of the notification by certified U
12 mail shall automatically expire and become null and void. Except for demolition permits, all
13 other permits that are ready but have not been picked up shall automatically expire in
14 accordance with the provisions of subsection (a) of this section. In either case, to renew the
15 expired permit a new building permit application together with appropriate nonrefundable fees
16 must be submitted to the building department for approval.
17
18 Sec. 6-103. -Issued permits. 0
19 (a)Permit intent. A permit issued shall be construed to be a license to proceed with the work and
20 not as authority to violate, cancel, alter or set aside any of the provisions of the Florida
21 Building Code or aad other technical codes or of the Monroe County Codes.Nor shall issuance
22 of a permit prevent the 134uilding Oefficial from thereafter requiring a correction of errors in 0
23 plans, construction, or violations of this the Florida Building Code or this chapter.
24 (b) Permit time limitations. Every permit issued shall become null and void unless the work U)
25 authorized by such permit is commenced within six months after its issuance, or if the work
26 authorized by such permit is suspended or abandoned for a period of six months after the time
27 the work is commenced. Work is considered commenced if it has received an approved initial
28 inspection pursuant to permit requirements or an approved temporary electrical inspection.
29 Any valid permit, for which construction has commenced, must progress in a timely fashion.
30 The only method by which timely valid progress of authorized work may be demonstrated is
31 through the building department's having performed and approved a required inspection on 0
32 the building permit display card within 180 days measured from either:
33 (1) As to the initial inspection, the date work was required to begin; or
34 (2) As to inspections subsequent to the initial inspection, from the date of the last performed
35 and approved required inspection on the display card. U
36 (c)Reserved.
37 (d)Failure to obtain inspections. Failure to obtain an approved inspection within 180 days of the 0
38 previous approved inspection shall constitute suspension or abandonment that shall render the 0
39 permit null and void and/or expired. Any work completed without an approved inspection
40 may be subject to code compliance proceedings. 0
41 (e) Extensions. After work is commenced, a one-time only extension of time for a period of not
42 more than 180 days, may be allowed by the 134uilding Oefficial for the permit, provided the
43 extension is requested in writing and justifiable cause is demonstrated prior to the expiration
44 date. Any extension request shall be accompanied by a nonrefundable fee.
45
46
Page
Packet Pg.4126
L.6.a
I Sec. 6-104. -Revocation of permits.
2 The Bbuilding Oefficial may suspend,void, rescind, or revoke any building permit under any
3 one of the following circumstances:
4 (1) A materially false statement is contained in the application or plans for which the permit
5 was issued;
6 (2) Work is undertaken outside the scope or contrary to the conditions of the building permit;
7 er
8 (3) The permit was issued in error and, in the opinion of the planning director, the Bbuilding 0
9 Oefficial, or the fire marshal, the error would result in a threat to the health, safety or U_
10 welfare of the public; or- d
11 (4) On a basis authorized under the Florida Building Code or this chapter. U
12
13 Sec. 6-105. -Permit applications for hazardous occupancies.
14 The Bbuilding Oefficial, or his or her authorized designee, may require that any application
15 for a permit involving a hazardous occupancy shall contain:
16 (1) A general site plan drawn at a legible scale that shall include, but not be limited to, the
17 location of all buildings, exterior storage facilities, permanent accessways, evacuation
18 routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, 0
19 storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The
20 exterior storage areas shall be identified with the hazard classes and the maximum
21 quantities per hazard class or hazardous materials stored; and
22 (2) A building floor plan drawn to a legible scale, that shall include, but not be limited to, all 0
23 hazardous materials storage facilities within the building and shall indicate rooms, a
24 doorways, corridors, exits, fire-rated assemblies with their hourly rating, location of U,
25 liquid-tight rooms, and evacuation route. Each hazardous materials storage facility shall
26 be identified on the plan with the hazard classes and quantity range per hazard class of 0
27 the hazardous materials stored.
28
29 Sec. 6-106. -Mobile/manufactured homes plan review criteria.
30 Building permit applications submitted for placement of mobile/manufactured homes shall
31 contain, but not necessarily be limited to, the following information required by the Bbuilding 0
32 Oefficial for plans review:
33 (1) Site requirements: setback/separation and location of on-site wastewater treatment
34 facilities;
35 (2) Structural: wind zone, flood hazard area, anchoring, and blocking;
36 (3) Mechanical: exhaust systems, including clothes dryer and kitchen equipment exhausts;
37 and 0
U
38 (4) Electrical: exterior disconnect location. 0
39
0
40 Sec. 6-107. -Reserved.
41
42 Sec. 6-108. -Fees.
43 (a)Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for
44 permitting and related fees.
45 (b) Authority and fee schedule. Except as specifically established by this chapter, the board of
46 county commissioners may by resolution establish a fee schedule for,but not limited to,permit
Page
Packet Pg.4127
L.6.a
I applications, permits, plans examination, certificates of competency, re-inspections, permit
2 renewals, administrative fees, variance requests, and administrative appeals.
3 (c) Required. Except as authorized by this chapter, no permit shall be issued without payment of
4 all appropriate fees. Where a nonrefundable application fee is charged,the fee may be applied
5 to off-set the total permit fee at the time the permit is issued, except where the application fee
6 exceeds the total permit fee. In this case,the application fee shall become the total permit fee.
7 (d)Exemptions. Exemptions only exist as specifically provided by state statute and for volunteer
8 fire departments. 0
9 (e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from the U-
10 building permit and building permit application fees for construction or renovation of
11 affordable,low or very low income housing intended for occupancy for those households with U
12 income up to 120 percent of the median annual adjusted gross income as defined by Monroe
13 County. Persons or entities which have a development order in effect as of February 17, 2010
14 for affordable housing may apply for such fee waivers. Persons or entities building affordable
15 housing which uses a higher percentage median income than 120 percent for qualification for
16 occupancy may apply for a waiver from building permit and permit application fees only if
17 the specific project for development is being subsidized with or is leveraging state or federal
18 funding. All such waivers apply only to the individual housing units being constructed. There 0
19 are no other waivers of permit fees. 0
20 (f) Refunds. No fees paid for permit fees shall be refunded without the approval of the Bhuilding
21 Oefficial with concurrence from the planning director. ,>
22
0
23 Sec. 6-109. -Building permit valuations.
24 If in the opinion of the Bhuilding Oefficial or his or her authorized designee,gnee, the valuation of U)
25 building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be
26 underestimated on a building permit application,the permit application shall be denied,unless the
27 applicant can show detailed estimates to meet the approval of the Building Oefficial. Permit
28 valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and
29 other systems, including materials and labor. The permit valuation may be calculated using the
30 most recent edition of Means Construction Data and/or ICC/Construction Costs Valuation Manual
31 0
32 *te toe*a'�e., or other applicable model code organization, at the option of the Bhuilding
33 Oefficial.
i
34
35 Sec. 6-110. -Fees and permitting requirements for work done without a permit. U
36 (a)After-the-fact permits and fees.
37 (1)Any person who commences any work requiring a permit under this chapter on a building, 0
U
38 structure, electrical, gas, mechanical or plumbing system before obtaining the Bhuilding 0
39 Oefficial's approval or necessary permits shall pay $500.00 for completed construction C
40 work that is valued at $5,000.00 or less or, pay $1,000.00 for completed work that is 2
41 valued at more than$5,000.00 or ten percent of the value of the construction work already
42 completed,whichever is greater.
43 (2) Before any permit may be issued under subsection (a) of this section, the person, firm or
44 corporation seeking the permit shall, at his own expense provide the building department
45 with the following:
Page
Packet Pg.4128
L.6.a
I a. Drawings sealed by an engineer licensed to practice in the state that certifies that all
2 work already done is in compliance with the Florida Building Code; and
3 b. A certification from an engineer licensed in the state that all steel work is in compliance
4 with the Florida Building Code and relevant state law and that such compliance has
5 been verified through generally accepted engineering practice.
6 Compliance with the engineer certification requirements of this subsection shall neither
7 relieve the person, firm or corporation of fully complying with all other relevant county
8 regulations, county ordinances or state statutes,nor from any penalties prescribed herein. 0
9 (3) Any person who commences to place fill that requires a permit under this chapter before U-
10 obtaining the B4uilding Oefficial's approval or necessary permits shall:
11 a. Pay $500.00 for fill placed over 100 square feet or less of area, or pay $1,000.00 for U
12 fill placed over more than 100 square feet of area;
13 b.Pay a mitigation fee to the county's restoration fund of$3.00 per square foot of wetlands
14 area affected; and
15 c. Restore to the original condition and grade those filled areas that cannot be permitted
16 under the Florida Building Code and part II of this Code.
17 (4) Any person who commences to clear lands that require a permit under this chapter or part
18 II of this Code before obtaining the Bbuilding Oefficial's approval or necessary permits
19 shall: 0
20 a.Pay$500.00 for clearing of 100 square feet or less of land,or pay $1,000.00 for clearing
21 of more than 100 square feet of land; and ,>
22 b. Comply with the requirements of section 118-11.
0
23 (b) Demolition. In lieu of obtaining an after-the-fact permit or approval from the B4uilding
24 Oefficial above, the person, firm or corporation may remove all unpermitted work and return g
25 the site to its original condition.A demolition permit shall be required for all commercial work
26 (regardless of value), and for residential work when the fair market value of the unpermitted
27 construction work is $1,000.00 or more. For removal of unpermitted fill, a demolition permit
28 shall be required, the fees and requirements for the demolition permit including payment of
29 mitigation funds shall be the same as those for an after-the-fact permit pursuant to subsection
30 (a)(3) of this section. For unpermitted land clearing, an after-the-fact permit,not a demolition
31 permit, shall be required pursuant to the provisions of subsection (a)(4) of this section. 0
32 (c) Unpermitted placement of fill and land clearing; after-the-fact permit.
33 (1) If land has been cleared in excess of what may be permitted, no building permit shall be
34 issued for after-the-fact construction work under this section until the requirements of
35 section 118-11 and subsection (a)(4) of this section have been met.
36 (2) If placement of fill has occurred in excess of what may be permitted, no building permit
37 shall be issued for after-the-fact construction work under this section until the
0
38 requirements of subsection (a)(3) of this section have been met. U
a�
39 (d) Work that is unpermittable. In the event the construction work, land clearing, or placement of 0
40 fill is unpermittable under the Florida Building Code or ffffd part II of this Code,the site shall 0
41 be restored to its original condition pursuant to subsection (b) of this section. ..
42 (e) Appeals. An appeal from any administrative decision made by the B4uilding Oefficial in
43 enforcing this section shall be pursuant to part II of this Code. E
44 (f)Emergency exemption. The provisions of this section shall not apply to emergency work when
45 delay clearly would have placed life or property in imminent danger. But in all such cases the <
46 required permit must be obtained within three business days and any unreasonable delay in
Page
Packet Pg.4129
L.6.a
I obtaining said permit shall result in the charge of an after-the-fact permit fee as per subsection
2 (a) of this section. The payment of this fee shall not preclude or be deemed a substitute for
3 prosecution for commencing work without first obtaining a permit. The Bbuilding Oefficial
4 may grant extensions of time or waive fees when justifiable cause has been demonstrated in
5 writing.
6
7
8 fees waived. Dtir-ing t4is i period t4e penalty fee of 100 per-eent above t4e at) 0
9 fef t4e work a-Rd a*y additie*al fees r-ela+ed to eempleted ee*sti-aetieff work shall ffet be
10
11 U
12 t4e faet fees, ifieltiding after-t4e faet per-mit fees shall r-eveI4 to t4e established fee afnei
13
14 Sec. 6-111. -Motion picture, commercial and television production. E
15 A special,no-fee permit, is required for construction of temporary facilities and improvements
16 incidental to motion picture, commercial and television production, including, but not limited to,
17 sets, stages, tents, and supporting facilities and power. Any such special permit shall require that
18 the site be restored to its original condition and shall state that the permit is not authorization for 0
19 any work requiring a permit under this chapter or part 11 of this Code. 0
20
21 Sec. 6-112. - Temporary structures.
22 The Bbuilding Oefficial,or his or her authorized designee,may issue a special building permit 0
23 for a limited time of not more than six months for the erection of temporary structures, a
24 including but not limited to sheds, trailers, seats, canopies, tents, and fences used in construction U,
25 work or for temporary uses and events. Any such permit for temporary uses shall be in compliance
26 with this section and the provisions of the Land Development Code, specifically section 130-5.
27 and Chapter 122 if located in flood hazard areas. Any structures shall be completely removed upon
28 expiration of the time stated in the permit, which shall be the minimum amount of time necessary
29 to accommodate the temporary use. In the event a temporary structure is required for more than
30 six months for a construction-related project, the applicant shall apply for a new special
31 building permit prior to the expiration of the original building permit. 0
32
33 Sec. 6-113. -New permit required.
34 If work has commenced and the permit is revoked, rescinded, becomes null and void, and/or
35 expires because of lack of progress or abandonment, a new permit covering the proposed
36 construction shall be obtained before work may lawfully proceed,which may require the payment
37 of after-the-fact fees rather than regular permit fees. The Bbuilding Oefficial may require an on- 0
38 site inspection, plans, drawings, and other documentation. If the permit was issued under the 0
39 permit allocation system in part II of this Code, the applicant shall not be issued a permit until a
40 awarded an allocation. 2
41
42 Subdivision III. -Inspections and Certificate of Occupancy
43 Sec. 6-140. -Required inspections.
44 The Bbuilding Oefficial, upon notification from the permit holder or his or her agent, shall
45 make inspections required by the Florida Building Code and this chapter and shall either release
46 that portion of construction or shall notify the permit holder or his or her agent of any violations
Page
Packet Pg.4130
L.6.a
I that must be corrected to comply with the Florida Building Code and this chapter. The Bbuilding
2 Oefficial shall determine the timing and sequencing of when inspections occur and what elements
3 are inspected at each inspection.
4 �,
5 Sec. 6-141. -Inspection service.
6 The Bbuilding Oefficial or his or her authorized designee, may make, or cause to be made,
7 the inspections required by the Florida Building Code and this chapter. He or she may accept
8 reports of department inspectors, independent inspectors or of recognized inspection services, 0
9 provided that after investigation he or she is satisfied as to their licensing, qualifications and U_
10 reliability.A certificate required by any provision of this Code general law, or the Florida Building
11 Code shall not be based on such reports unless the same are recorded by the building code inspector U
12 or the architect or engineer performing building code inspections in a manner specified by the
13 Bhuilding Oefficial. The Bbuilding Oefficial shall ensure that all persons making such inspections
14 shall be certified in accordance with F.S. ch. 468.
15
16 Sec. 6-142. -Manufacturers and fabricators.
17 When deemed necessary by the Bbuilding Oefficial,he or she shall make,or cause to be made
18 an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall 0
19 be made of every such examination and inspection and of all violations of the technical codes. 0
20
21 Sec. 6-143. -Work concealed prior to inspection. >
22 If any work is concealed before an inspection has been made and the work approved, no
0
23 further work shall occur on the site until the work is exposed, inspected and approved by a county
24 inspector or until certification is provided to the Bbuilding Oefficial by an architect or engineer g
25 that the concealed work is in conformance with the appropriate code.
26
27 Sec. 6-144. -Inspections prior to issuance of certificate of occupancy.
28 In addition to the inspection requirements of section 110 4-0S, Florida Building Code, the
29 following inspections and inspection elements shall be required as deemed necessary by the
30 Bbuilding Oefficial:
31 (1) N�ah ins-peetion. A slab inspeetion shall be made after-t4e r-einfqr-eefnent is in plaee—, a44 o
32
33 �i
34 bee* made a-Rd passed.
35 {�Foundation survey. A foundation survey prepared and certified by a registered surveyor �s
36 shall be required for all new construction prior to approval of the framing inspection. The
37 survey shall certify placement of the building on the site,illustrate all surrounding setback
38 dimensions and shall be available at the jobsite for review by the building inspector. In U
a�
39 lieu of providing a survey, the contractor may elect to uncover all property line markers 0
40 and string-up all property lines in preparation for inspection. 0
41
42
43 E
44 appr-eved and too ; „l do ; in place
Page
Packet Pg.4131
L.6.a
1
2
3
4
5 .
6 (2-7) Final inspection requirements.
7 a. After the building or work is completed, final inspections shall be made for every
8 permit for work requiring plan review and approval or related to public health,safety, 0
9 and welfare, as determined by the Bhuilding Oefficial or his or her authorized U_
10 designee. Any permit requiring a final inspection shall be so annotated on the issued
11 permit. U
12 b. It is the responsibility of the permit holder to call for a final inspection. Failure to
13 obtain a final inspection shall render the permit null and void and/or expired, if it is
14 not done within the duration limits for the permit as specified in this chapter. The
15 permit holder is subject to code compliance proceedings, if construction is completed
16 and no required final inspection is made. If the permit becomes null and void and/or
17 expired, no further work is authorized without a new permit or approval by the
18 Bhuilding Oefficial.
19
20 Sec. 6-145. - Certificate of occupancy.
21 A building or structure shall not be used or occupied, and a change in the existing use or occupana ,>
22 classification of a building or structure or portion thereof shall not be made, until the Building <
0
23 Official has issued a certificate of occupancy as set forth in Section 111, Florida Building Code.
24 In addition to the requirements of Section 111,Florida Building Code, the following is required: g
25 T
26
27 ( b�) Issuance of certificate of occupancy. Upon completion of construction of a building or .,
28 structure and installation of electrical, gas, mechanical, and plumbing systems and after final
29 inspections, the Bhuilding Oefficial shall issue a certificate of occupancy,provided he or she
30 does not find violations of the provisions of the Florida Building Code, this code or other
f4 if he s� ;fins t4 fft toe plet a
31 laws, including_rs,��cert-��te-�ose��r^r^�� tJ
32 eenstmetion tinder-too plie ble p
33 (1) Was found in compliance with the Florida Building Code and this chapter; i
34 (2) Was found in compliance by the Pplanning Ddirector with part II of this Code and the
35 Floodplain Administrator with Chapter 122 of part II of the Code;
36 (3) Was found in compliance with fire prevention and life and safety codes by the fire
37 marshal,where applicable; and
38 (4) That any on-site sewage disposal and treatment received an approved final inspection U
a�
39 where applicable. 0-
40 (bs) Debris removal. No certificate of occupancy shall be issued unless all construction debris 0
41 is removed from the site.
42 (cd) Revocation ofcertificate ofoccupancy. The Bhuilding Oefficial may revoke any certificate
43 of occupancy, if a false statement is contained in the permit application upon which the E
44 certificate is issued or if subsequent use does not conform with the land use (zoning) district
45 in which the structure is located, or as authorized by the Florida Building Code or pursuant <
46 to this chapter.
Page
Packet Pg.4132
L.6.a
I (de) Temporary certificate of occupancy. The Bhuilding Oefficial may issue a temporary
2 certificate of occupancy for no more than 12 months for portions of a building that, in his or
3 her determination, may be safely occupied prior to final completion of the building.
4
5 Ce 197. n r.,
.
6
7
CL
8 DIVISION 4.—FLORIDA BUILDING CODE AMENDMENTS 0
9 The following local amendments to the Florida Building Code are hereby made and incorporated to the _
10 Monroe County Code. c�
11 �
U
12 Sec. 6-146.—Florida Building Code,Building,Administrative Amendments.
13
14 (a)Modify Section 107.3.5 as follows for additional flood requirements:
15
16 107.3.5 Minimum plan review criteria for buildings.
17 The examination of the documents by the building official shall include the following
18 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof
19 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening
20 dimensions; and all exterior elevations: 0
21
22 Commercial Buildings: Building. .whoirn1
23 8. Structural requirements shall include:
24 Soil conditions/analysis 0
25 Termite protection a
26 Design loads .2
27 Wind requirements
E
28 Building envelope
29 Impact resistant coverings or systems
30 Structural calculations (if required)
31 Foundation
32 Flood requirements in accordance with Section 1612, including lowest floor E
33 elevations,enclosures,nonconversion agreement,V-Zone and Coastal A Zone
34 Construction Certification Form, flood damage resistant materials
35 Wall systems
36 Floor systems
37 Roof systems
38 Threshold inspection plan U
39 Stair systems
40
41 107.3.5 Minimum plan review criteria for buildings. U
42 The examination of the documents by the building official shall include the following 0
43 minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof 0
44 framing plan or truss layout; all fenestration penetrations; flashing; and rough opening 2
45 dimensions; and all exterior elevations:
46 * * * * * E
E
47
48 Residential(one- and two-family). .whoirn1
49 6. Structural requirements shall include:
Page
Packet Pg.4133
L.6.a
I Wall section from foundation through roof, including assembly and materials
2 connector tables wind requirements structural calculations (if required)
3 Flood hazard areas, flood zones, design flood elevations, lowest floor elevations,
4 enclosures, nonconversion agreement, V-Zone and Coastal A Zone
5 Construction Certification Form, equipment, and flood damage-resistant
6 materials. E
7 CL
8 0
9 (b) Modify Section 110.3 as follows:
W
10 110.3 Required inspections. d
11 The building official upon notification from the permit holder or his or her agent shall make the U
12 following inspections, and shall either release that portion of the construction or shall notify the E
13 permit holder or his or her agent of any violations which must be corrected in order to comply
a�
14 with the technical codes. The building official shall determine the timing and sequencing of E
15 when inspections occur and what elements are inspected at each inspection.
16 Building .whoirn1
17 1. Foundation inspection. To be made after trenches are excavated and forms erected and shall at 0
18 a minimum include the following building components: 0
19 0 Stem-wall
a�
20 0 Monolithic slab-on-grade >
21 • Piling/pile caps
0
22 0 Footers/grade beams
23 1.1.In flood hazard areas, upon placement of the lowest floor, including basement, and g
24 prior to further vertical construction, the FEMA Elevation Certificated _
25 eef6 shall be submitted to the authority having jurisdiction.
26 5. Final inspection. To be made after the building is completed and ready for occupancy. CL
27 5.1.In flood hazard areas, as part of the final inspection, final FEMA Elevation Certificate
28 a final tifie tie of the lowest floor elevation shall be submitted to the authority
29 having jurisdiction.
30
31 Sec. 6-147.—Florida Building Code,Buildine, Technical Amendments. 0
32
33 (a)Add anew Sections 1612.4.3, 1612.4.3.1 and 1612.4.3.2 as follows: i
34
35 1612.4.3 Minimum and Alternate Eneineered Foundation Requirements. Design and U
36 construction of foundations in Special Flood Hazard Areas shall be in accordance with the
37 minimum requirements as set forth in 1612.4.3.1 or 1612.4.3.2.
38 U
39 1612.4.3.1 Minimum Foundation Requirements. Design of the foundation system shall 0
40 be provided by a Geotechnical Engineer registered in the State of Florida in a site-specific
41 geotechnical report submitted per requirements of Section 1803.6. The foundation design 2
42 shall be the more stringent of recommendations of the report and meet the following
43 minimum requirements:
44 1.All structures or building foundations shall be anchored/socketed into natural rock. This
45 includes,but is not limited to,auger cast concrete piles,precast concrete piles or wooden
46 piles.
47 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
48 forces induced by the design loads,without failure.
Page
Packet Pg.4134
L.6.a
1 3.All Piling shall be anchored to the natural rock with a 14 inch minimum diameter augured
2 socket and a minimum embedment of 3 feet.
3 4.The Pile foundation suport system shall be designed to resist the required lateral loading
4 for an unsupported height defined by a full scour condition.The construction documents
5 shall include a statement that the design has been completed and certified for a full scour 0
6 condition for lateral stability to the elevation of the supporting rock and in accordance
7 with ASCE 24.
8 5. Pile embedment shall include consideration of decreased resistance capacity caused bX C
9 scour of soil strata surrounding the piling and have adequate rock penetration to resist 0
10 the combined wave and wind loads (lateral and uplift).
11
12 1612.4.3.2 Alternate Engineered Foundation Requirements. Acceptance of a designed U
13 pile foundation system which deviates from the minimum requirements of Section
14 1612.4.3.1 will be considered, provided a site-specific geotechnical investigation is
15 performed,followed by a report certifying the designed foundation system is prepared and
16 submitted by a Geotechnical Engineer registered in the State of Florida,which includes an
a�
17 engineering evaluation and recommendations for suporting the structure. The
18 geotechnical report shall include the following minimum information:
19 1. The requirements of Section 1803.6 shall be satisfied.
20 2. Resistance of the foundation system shall be no less than the governing structural 0
21 design loads. The design loading for the building or structure which is to be supported A
22 by the foundation system, as provided by the engineer of record, shall be included as
23 an attachment.
24 3. A site-specific scour analysis using equations for contraction scour which considers
25 any proposed fill material and final ground elevation upon project completion. An
26 estimated depth of scour shall be provided for each isolated suport. For a design g
27 considering a full scour condition in the absence of the site-specific analysis, the w
28 construction documents shall include a statement that the design has been completed E
29 and certified for a full scour condition for lateral stability to the elevation of the CL
aL
30 suporting rock and in accordance with ASCE 24.
31 4. A certified survey of the subject property which include, but not limited to, the
32 following information:
33 a. Legal description of the property.
34 b. The property owner's name. 0
35 c. All vertical data specified on the survey shall be referenced to NAVD 88.
36 d. The location of the property in relation to bordering roads and streets.
i
37 e. Property boundaries and right-of-ways.
38 f. The proposed location of the foundation elements. U
39 5. A site plan,which includes a physical feature or reference survey marker indicated on
40 the certified survey, indicating the location, configurations, and minimum depths of
41 foundation elements, and proposed grades. Locations of fill material shall be clearlX U
42 delineated. 0
0
43 The geotechnical report shall be provided to the County for their records. A cover sheet
44 shall be provided, attached to the report submittal, which includes or explicitly references 2
45 the above items. This report shall consider local scour and all applicable design loads as
46 outlined in the Florida Building Code. Pile embedment shall include consideration of
47 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
48 soil and/or rock anchored resistance to resist the design combined wave and wind loads
49 (lateral and uplift). <
50
51
Page
Packet Pg.4135
L.6.a
I (b) Add anew Section 1612.4.4 as follows:
2
3 1612.4.4 Additional requirements for enclosed areas.
4
5 In addition to the requirements of ASCE 24 for new and substantially improved residential
6 buildings (limited to multi-family dwellings, apartment buildings, and condominiums) and lateral a
7 additions to residential buildings (limited to multi-family dwellings, apartment buildings, and @
C,
8 condominiums),enclosed areas below the required elevation shall be not more than 299 square feet
9 in area per dwelling unit. Nonconforming enclosed areas of 299 square feet or more existing on
10 April 12,2004, shall not be modified,improved,or expanded unless the enclosed areas are brought
11 into compliance. d
12 U
13 Sec. 6-148.—Florida Building Code,Residential Technical Amendments. S
14
15 (a)Modify Sections 322.2.2 and 322.2.3 as follows: E
E
16
17 R322.2.2 Enclosed area below design flood elevation. Enclosed areas, below new and
18 substantially improved one--and two-family dwellings,and below lateral additions to one-and two-
19 family dwellings,including crawl spaces, that are below the design flood elevation shall:
20 1. Be used solely for parking of vehicles,building access or storage. 0
a�
21 2. Be provided with flood openings that meet the following criteria and are installed in �+
22 accordance with Section R322.2.2.1:
23 2.1.The total net area of non-engineered openings shall be not less than 1 square inch(645
24 mm2)for each square foot(0.093 m2)of enclosed area where the enclosed area is measured 0
25 on the exterior of the enclosure walls, or the openings shall be designed as engineered
26 openings and the construction documents shall include a statement by a registered design g
U)
27 professional that the design of the openings will provide for equalization of hydrostatic A
28 flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters
29 as specified in Section 2.7.2.2 of ASCE 24. CL
30 2.2. Openings shall be not less than 3 inches (76 mm) in any direction in the plane of the
31 wall.
32 2.3 The presence of louvers, blades, screens and faceplates or other covers and devices =
33 shall allow the automatic flow of floodwater into and out of the enclosed areas and shall
34 be accounted for in the determination of the net open area. 0
35 3. Shall not be more than 299 square feet except for perimeter wall foundations
36 (crawl/underfloor spaces)with wall heights less than 5 feet.
37 4. Nonconforming enclosed areas of 299 square feet or more below one- and two-family
38 dwellings existing on April 12, 2004, shall not be modified,improved, or expanded unless the U
39 enclosed area are brought into compliance with this section.
40
41 R322.2.3 Foundation design and construction U
42 Foundations walls for buildings and structures erected in flood hazard areas shall meet the 0
43 requirements of Chapter 4 and R322.2.3.1 or R322.2.3.2. The design and construction of 9=
44 foundations located in flood hazard areas shall be in accordance with Chapter 5 of ASCE 7 and 2
45 with ASCE 24.
47
48 3 feet(91 4 R+F l G�
49
50
Page
Al -FAK
Packet Pg.4136
L.6.a
I
3
4 gr-ade of the tt*der- floor-spaee to the top of the wall.
5
a�
6 (b) Add new sections 322.2.3.1 and 322.2.3.2 as follows:
7
CL
8 R322.2.3.1 Minimum Foundation Requirements. Design of the foundation system shall be a
9 provided by a Geotechnical Engineer registered in the State of Florida in a site-specific 0
10 geotechnical report submitted per requirements of Section 1803.6 (Florida Building Code, U-
11 Building,). The foundation design shall be the more stringent of recommendations of the report and d
12 meet the following minimum requirements: U
13 1. All structures or building foundations shall be anchored/socketed into natural rock.
14 This includes,but is not limited to, auger cast concrete piles,precast concrete piles or
15 wooden piles.
16 2. All concrete piling shall have full depth reinforcing to effectively resist the internal
a�
17 forces induced by the design loads,without failure.
18 3. All piling shall be anchored to the natural rock with a 14 inch minimum diameter
19 augured socket and a minimum embedment of 3 feet.
20 4. The pile foundation support system shall be designed to resist the required lateral 0
21 loading for an unsupported height defined by a full scour condition. The construction A
22 documents shall include a statement that the design has been completed and certified
23 for a full scour condition for lateral stability to the elevation of the suporting rock and
24 in accordance with ASCE 24.
0
25 5. Pile embedment shall include consideration of decreased resistance capacity caused by
26 scour of soil strata surrounding the piling and have adequate rock penetration to resist g
27 the combined wave and wind loads (lateral and uplift).
28
29 R322.2.3.2 Alternate Engineered Foundation Requirements. Acceptance of a designed pile
30 foundation system which deviates from the minimum requirements of Section R322.2.3.1 will be
31 considered, provided a site-specific geotechnical investigation is performed, followed by a report
32 certifying the designed foundation system is prepared and submitted to the Countyby
33 Geotechnical Engineer registered in the State of Florida,which includes an engineering evaluation
34 and recommendations for supporting the structure. The geotechnical report shall include the 0
35 following minimum information:
36 1. The requirements of Section 1803.6 (Florida Building Code, Building) shall be
37 satisfied.
38 2. Resistance of the foundation system shall be no less than the governing structural U
t3
39 design loads. The design loading for the building or structure which is to be suported
40 by the foundation system, as provided by the engineer of record, shall be included as
41 an attachment. U
c,
42 3. A site-specific scour analysis using equations for contraction scour which considers 0
0
43 any proposed fill material and final ground elevation upon project completion. An C
44 estimated depth of scour shall be provided for each isolated support. For a design 2
45 considering a full scour condition in the absence of the site-specific analysis, the
46 construction documents shall include a statement that the design has been completed
47 and certified for a full scour condition for lateral stability to the elevation of the
48 supporting rock and in accordance with ASCE 24.
49 4. A certified survey of the subject property which include, but not limited to, the <
50 following information:
51 a. Legal description of the property.
Page
Packet Pg.4137
L.6.a
I b. The property owner's name.
2 c. All vertical data specified on the survey shall be referenced to NAVD 88
3 d. The location of the property in relation to bordering roads and streets.
4 e. Property boundaries and right-of-ways.
5 f. The proposed location of the foundation elements.
6 5. A site plan,which includes a physical feature or reference survey marker indicated on
7 the certified survey, indicating the location, configurations, and minimum depths of
8 foundation elements, and proposed grades. Locations of fill material shall be clearlX a
9 delineated. 0
10 The geotechnical report shall be provided to the County for their records. A cover sheet U_
11 shall be provided, attached to the report submittal, which includes or explicitly references d
12 the above items. This report shall consider local scour and all applicable design loads as U
13 outlined in the Florida Building Code. Pile embedment shall include consideration of E=
14 decreased resistance capacity caused by scour of soil strata surrounding the piling and have
15 soil and/or rock anchored resistance to resist the design combined wave and wind loads
16 (lateral and uplift).
a�
c�
17
18 (c)Modify Sections 322.3.3 and 322.3.6 as follows:
19 0
20 R322.3.3 Foundations. 0
21 Buildings and structures erected in coastal high-hazard areas and Coastal A Zones shall be 1
22 supported on pilings or columns and shall be adequately anchored to such pilings or columns. The ,>
23 space below the elevated building shall be either free of obstruction or, if enclosed with walls, the <
24 walls shall meet the requirements of Section R322.3.5.Pilings shall have adequate soil penetrations
25 to resist the combined wave and wind loads (lateral and uplift). Water-loading values used shall be 0
26 those associated with the design flood. Wind-loading values shall be those required by this code. U)
27 Pile embedment shall include consideration of decreased resistance capacity caused by scour of
28 soil strata surrounding the piling. Pile systems design and installation shall be certified in
29 accordance with Section R322.3.9.
30 U
31 Seetion R4 01.4 indieate that sail fnater-ial tmder-the spread feeting,mat,r-aft OF Othef 99tlffdati
32
33 r44 er- ather- gqtmdatiaas that s"per-t eeittmas shall be designed in aeeer-danee with ASGE . A 0
34 foundation design shall be in accordance with Section R322.2.3.1 or R322.2.3.2. The design and
35 construction of foundations located in coastal high hazard areas, including Coastal A zones, shall
36 be in accordable with Chapter 5 of ASCE 7 and with ASCE 24. c�
37 U
38 baekfilled with sail er-gr-avel to the tmder-side of the fleer-system shall be pefmitted pr-evi
39
40 U
41 f ti s t , rt f-the less f soil. 0
42
43 R322.3.6 Enclosed areas below design flood elevation. 0
44 Enclosed areas below the design flood elevation shall not be more than 299 square feet and shall
45 be used solely for parking of vehicles,building access or storage.
46 E
47
48
49
50
Page
Packet Pg.4138
L.6.a
I Sec. 6-149.—Florida Building Code, Existing Building Technical Amendments
2
3 (a)Modify Section 503.2 as follows:
4
5 [BS] 503.2 Flood hazard areas.
6 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida
7 Building Code,Building,or Section R322 of the Florida Building Code,Residential, as applicable,
8 any alteration that constitutes substantial improvement of the existing structure shall comply with a
9 the flood design requirements for new construction, and all aspects of the existing structure shall 0
10 be brought into compliance with the requirements for new construction for flood design. U-
11 For buildings and structures in flood hazard areas established in Section 1612.3 of the Florida U
12 Building Code,Building,or Section R322 of the Florida Building Code,Residential, as applicable,
13 alterations that do not constitute substantial improvement of the existing structure are not
14 required to comply with the flood design requirements for new construction, except any exterior
15 replacement mechanical, plumbing and electrical systems, equipment and components shall be
a�
16 required to be located at or above the base flood elevation identified on the FIRM that was effective
17 when the building was originally permitted. If the lowest floor of an existing building is located
18 below the base flood elevation identified on the FIRM that was effective when the building
19 originallypermitted,the replacement mechanical,plumbing and electrical systems, equipment and 0
20 components shall be located to or above the lowest floor elevation of the building.
21
22 (b) Modify Section 701.3 as follows:
23
0
24 [BS] 701.3 Flood Hazard Areas
25 In flood hazard areas, alterations that constitute substantial improvement shall require that the g
26 building comply with Section 1612 of the Florida Building Code,Building,or Section R322 of the
27 Florida Building Code, Residential, as applicable. Alterations that do not constitute substantial
28 improvement shall be required to have any exterior replacement mechanical, plumbing and 0-
29 electrical systems, equipment and components located at or above the base flood elevation
30 identified on the FIRM that was effective when the building was originally permitted. If the lowest
31 floor of an existing building is located below the base flood elevation identified on the FIRM that
32 was effective when the building originally permitted, the replacement mechanical, plumbing and
33 electrical systems, equipment and components shall be located to or above the lowest floor o
34 elevation of the building.
35 i
36
37 Section 3. Fiscal Impact Statement. In terms of design, plan application review, U
38 construction and inspection of buildings and structures, the cost impact as an overall average is
39 negligible in regard to the local technical amendments because all development has been subject 0
40 to the requirements of the local floodplain management ordinance adopted for participation in the 0
41 National Flood Insurance Program. In terms of lower potential for flood damage, there will be
42 continued savings and benefits to consumers. 0
2
43
44 Section 4. Applicability. For the purposes of jurisdictional applicability, this ordinance u
45 shall apply in all unincorporated areas of Monroe County. This ordinance shall apply to all
46 applications for development, including building permit applications and subdivision proposals,
47 submitted on or after the effective date of this ordinance. <
48
Page
Packet Pg.4139
L.6.a
I Section. 5. Construction and Interpretation. This Ordinance and its interpretation shall
2 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
3 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
4 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
5 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
6 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
7 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
8 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such 0
9 construction and interpretation shall be entitled to great weight in adversarial administrative U-
10 proceedings, at trial, bankruptcy, and on appeal.
11 U
12 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
13 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
14 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
15 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
16 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
17 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
18 continue unimpaired in full force and effect. 0
19 0
20 Section 7. In recognition that where an extant legislatively approved law is repealed by a
21 subsequent legislative act which substantially reenacts that repealed extant law, the prior ,>
22 legislatively approved law and the subsequent legislative act shall be regarded as one continuous
0
23 law uninterrupted in its operation,see McKibben v. Mallory, 293 So. 2d 48, 52-53 (Fla. 1974),see
24 also Goldenberg v. Dome Condo. Ass'n, 376 So. 2d 37, 38 (Fla. 3rd DCA 1979), it is the express
25 legislative intent and purpose of the BOCC, in relation to or in connection with of subsequent .
26 administrative and judicial construction and review of this ordinance and Chapter 6, that all
27 recodified or reenacted provisions of Monroe County Code of Ordinances Chapter 6, which
28 includes those provisions of Chapter 6 unchanged or not substantially modified by this ordinance,
29 shall be deemed to have been in operation continuously from their original enactment whereas the
30 changes or substantial modifications are treated as amendments effective from the time they go
31 into legal effect. 0
32
33 Section 8. Conflicting Provisions. Consonant with Section 7., all ordinances or parts of i
34 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. The
35 repeal of an ordinance herein shall not repeal the repealing clause of such ordinance or revive any
36 ordinance which has been repealed thereby.
37
38 Section 9. Captions and Paragraph Headings. Captions and paragraph headings, where U
a�
39 used herein, are inserted for convenience only and are not intended to descriptively limit the scope 0
40 and intent of the particular paragraph or text to which they refer. 0
41
42 Section 10.Inclusion in the Monroe County Code of Ordinances. The provisions of this
43 Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, E
44 Florida, as an addition to amendment thereto, and shall be appropriately renumbered to conform
45 to the uniform marking system of the Code. <
46
Page
Packet Pg.4140
L.6.a
I Section 11. Effective Date. This ordinance shall filed with Department of State and shall
2 be effective as provided by Section 125.66(2)(b), Florida Statutes.
3
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
5 Florida, at a regular meeting held on , 2022.
6
CL
7 Mayor a
8 Mayor Pro Tem -
9 Commissioner c�
10 Commissioner
U
11 Commissioner
12
13 BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA
15
16 BY
17 MAYOR
18 0
MONAOF COUNTY ATTORNEY U)
19 VETt'kS T
20 SEAL >
21
22 ATTEST: KEVIN MADOK, CLERK
23
24 AS DEPUTY CLERK
25
c�
i
c,
0
U
0
0
0
c�
Page
Packet Pg.4141