§ 22-2. Local supplement to the Florida Building Code, Administration.

Section 101 General

101.1 Title. These regulations shall be known as the Volusia County Administrative Section of the Florida Building Code, hereinafter referred to as "this Code."

101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures, as follows:

1.

Detached one-and-two family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the Florida Building Code, Residential.

2.

Existing buildings undergoing repair, alterations or additions or change of occupancy shall comply with the provisions of the Florida Building Code, Existing Building.

3.

Unsafe dilapidated structures and structures in imminent danger shall be governed by the Volusia County Code of Ordinances, Ordinance 2015-15 [sections 58-80 et seq.], and violations of subsections a. and b. below shall result in application of the remedies contained in that ordinance.

a.

Vacant buildings: No vacant building shall be boarded up for a time period exceeding 90 days unless granted a waiver by the Chief Building Official. The Chief Building Official's decision shall be based upon public health, safety, and welfare. All vacant buildings or buildings authorized to be boarded up shall be maintained as follows: materials used to enclose the building shall be neatly fitted within window and door openings and shall be painted to blend in with the rest of the building.

b.

Fire Damaged Structures: Fire-damaged structures shall be secured within 48 hours after the fire incident, and a permit for repair/reconstruction shall be applied for within 90 days. Before permits can be issued, the Chief Building Official may determine that a report be submitted by a Professional Engineer registered in the State of Florida attesting to the integrity of the structure.

4.

Tent structures erected for a period of 7 calendar days or less and which enclose an area of 100 square feet or less, which: (I) otherwise comply with law; (II) do not block access to buildings or violate zoning setbacks; and (III) are not used to expand or conduct a commercial business, do not require a permit.

5.

Temporary Storm Protection: Any structure may be temporarily boarded up 14 days prior to projected landfall of any named storm or weather system. Temporary protection must be removed within 14 days after the storm threat has passed unless waived by the Chief Building Official. Manufactured storm protection for unoccupied structures is exempt from these requirements.

101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted.

101.2.1.1 There are hereby adopted the following Appendices:

1.

Existing Building Code:

a.

Appendix B: Standard for Rehabilitation, The Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings

b.

Appendix D: Type of Construction

2.

Fuel Gas Code:

a.

Appendix A: Sizing and Capacities of Gas Piping

b.

Appendix B: Sizing of Venting Systems Serving Appliances Equipped With Draft Hoods, Category I Appliances, and Appliances Listed for Use with Type B Vents

c.

Appendix C: (IFGS): Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems

3.

Plumbing Code:

a.

Appendix B: Rates of Rainfall For Various Cities

b.

Appendix C: Gray Water Recycling Systems

c.

Appendix D: Degree Day Design Temperatures

d.

Appendix E: Sizing of Water Piping System

4.

Residential Code:

a.

Appendix A: (IFGS): Sizing and Capacities of Gas Piping

b.

Appendix B: Sizing of Venting Systems Serving Appliances Equipped With Draft Hoods, Category I Appliances, and Appliances Listed for Use With Type B Vents

c.

Appendix C: (IFGS): Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems

5.

Mechanical Code:

a.

Appendix A: Combustion Air Openings and Chimney Connector Pass Throughs.

101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building.

101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations.

101.3.1 Quality control. Quality control of materials and workmanship are not within the purview of this code except as it relates to the purposes stated herein.

101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. (No Building and Zoning Division employee shall be liable in tort for damages from such conditions, in accordance with F.S. § 768.28(9)(a), as may be amended from time to time.

101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.

101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems.

101.4.4 Property maintenance. The provisions of Chapter 58, Article I, Section 58-3 of the Volusia County, Code of Ordinances shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation.

101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility.

101.4.8 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code, Building and Rule 61-41 Florida Administrative Code.

SECTION 102 - APPLICABILITY

102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law.

102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law:

(a)

Building and structures specifically regulated and preempted by the federal government.

(b)

Railroads and ancillary facilities associated with the railroad.

(c)

Nonresidential farm buildings on farms.

(d)

Temporary buildings or sheds used exclusively for construction purposes.

(e)

Mobile or modular structures used as temporary offices, except that the provisions of Part II (F.S. §§ 553.501—553.513) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction.

(f)

Those structures or facilities of electric utilities, as defined in F.S. § 366.02, which are directly involved in the generation, transmission, or distribution of electricity.

(g)

Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.

(h)

Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features.

(i)

Family mausoleums not exceeding 250 square feet (23 m2) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.

(j)

Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.

(k)

A building or structure having less than 1,000 square feet (93 m2) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure:

1.

Is not rented or leased or used as a principal residence;

2.

Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and

3.

Is not connected to an off-site electric power or water supply.

102.2.1 State Facilities. In addition to the requirements of F.S. §§ 553.79 and 553.80, facilities subject to the provisions of F.S. ch. 395, and F.S. ch. 400, pt. II, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of F.S. ch. 395, and F.S. ch. 400, pt. II, and the certification requirements of the federal government.

102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided:

1.

The building or structure is structurally sound and in occupiable condition for its intended use;

2.

The occupancy use classification for the building or structure is not changed as a result of the move;

3.

The building is not substantially remodeled;

4.

Current fire code requirements for ingress and egress are met;

5.

Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and

6.

Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class.

102.2.3 The Chief Building Official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled.

102.2.4 DCA/DFS jurisdiction and authority. This section does not apply to Volusia County and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers.

102.2.5 Reserved.

102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling.

Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code.

102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2.

102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section 101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard.

102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Fire Prevention Code, and the provisions of Chapter 58, Article I, Section 58-3 of the Volusia County Code of Ordinances or as is deemed necessary by the Chief Building Official for the general safety and welfare of the occupants and the public.

102.7 Relocation of manufactured buildings.

1.

Relocation of an existing manufactured building does not constitute an alteration.

2.

A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable.

3.

A relocated building shall comply with the flood hazard area requirements of the new location, if applicable.

102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code until the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units.

102.9 Rules of Construction. The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this chapter. The rules of construction set out in this subsection 102.9, and the definitions set out in subsection 102.10, shall not be applied to any other section of this chapter which expressly excludes such construction or definition, or where the subject matter or content of such section would be inconsistent with these subsections.

102.9.1 Generally. All provisions, terms, phrases and expressions contained in this division shall be liberally construed in order that the true intent and meaning thereof may be fully carried out. Terms used in this division, unless otherwise specifically provided, shall have the meanings prescribed by the Building Code statutes of this state for the same terms.

102.9.2 Text. In case of any difference of meaning or implication between the text herein and any figure, the text shall control.

102.9.3 Delegation of authority. Whenever a provision appears requiring the Chief Building Official or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Building Official or other officer to designate, delegate and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

102.9.4 Month. A calendar month.

102.9.5 Written or in writing. Any representation of words letters or figures whether by printing or otherwise.

102.9.6 Year. A calendar year, unless a fiscal year is indicated.

102.9.7 Interpretation. Interpretations of this chapter shall be made by the Director of Building and Zoning, or the Chief Building Official or his or her designee.

102.9.8 Construction Hours of Operation. Construction and Demolition: It is hereby authorized to operate or cause the operation of any tools used in construction, drilling, repair, alteration or demolition work between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between 10:00 a.m. and 6:00 p.m. on weekends or holidays, except for emergency work by public service utilities or by special authorization of the Chief Building Official.

102.9.9 Site Debris.

1.

Construction job sites shall be kept clean, and construction debris shall not remain on the property for a time period exceeding 14 days.

2.

All debris shall be maintained so as to prevent it from being spread by any means.

102.10 Definitions/General

1)

Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this code, have the meanings indicated in this chapter.

2)

Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular.

3)

Terms not defined. Words not defined herein shall have the meanings stated in the Florida Building Code, Residential Code, Accessibility Code, Energy Conservation Code, Existing Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code or the Florida Fire Prevention Code. Words not defined in the Florida Building Codes shall have the meanings in Webster's Third New International Dictionary of the English Language, Unabridged.

4)

Terms defined in other codes. Reserved.

Abandon or Abandonment.

1)

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

2)

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

3)

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

Appraised value.

1)

One hundred and fifteen (115) percent of the assessed value of the structure as indicated by the County Property Appraiser's Office; or

2)

The value as indicated in a certified appraisal from a certified appraiser.

Assessed value. The value of real property and improvements thereon, as established by the County Property Appraiser.

Authorized agent. A person specifically authorized by the contractor of record to obtain permits on his behalf.

Board. Volusia County Contractor Licensing & Construction Appeals Board, unless otherwise specifically stated.

Boarded up. Placement of covering over all accessible openings, preventing access to the interior of the structure.

Building (verb). The removal, disassembly, repair, replacement, installation or assembly of a building, structure, building system or building components in whole or in part.

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

Building shell. The structural components that completely enclose a building, including, but not limited to, the foundation, structural frame, floor slabs, exterior walls and roof system.

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

Certificate of Completion (C of C). An official document issued by Volusia County, evidencing that the structures and relevant appurtenances satisfies the requirements of Volusia County for the completion of a permit.

Certificate of occupancy (CO). A document issued by Volusia County, evidencing that a building satisfies the requirements of Volusia County for the occupancy of a building.

Change of occupancy. A change from one Building Code occupancy classification or sub classification to another.

Chief Building Official. The Manager of the Volusia County Building Activity or his or her designee.

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

Cumulative construction cost. The sum total of costs associated with any construction work done to a building or structure, either at one time or at different times within a specified period of time.

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

FCILB. The Florida Construction Industry Licensing Board.

Imminent Danger.

1)

Unsound conditions of a structure, building system or portion thereof, are likely to cause illness or physical injury to a person entering or occupying the structure;

2)

Structurally unsound conditions will likely cause a portion of the building or structure to fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person or property nearby; or

3)

The condition of the property is such that it harbors or is inhabited by pests, vermin or organisms injurious to human health, the presence of which constitutes an immediate hazard to persons in the vicinity.

Inspection warrant. A court order authorizing the Chief Building Official or his or her designee to perform an inspection of property named in the warrant.

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

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

Market value. The building value, which is the property value excluding the land value and that of detached accessory structures and other improvements on-site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual cash value (replacement cost depreciated for age and quality of construction of the building), or adjusted tax-assessed values.

Permit (noun). A document issued by Volusia County authorizing performance of a specific activity regulated by this chapter.

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

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

Residential building. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress or their accessory structures thereto.

Roofing (verb). The installation of roof coverings.

Shall. The word "shall" is mandatory and takes precedence over "may".

Site preparation. The physical preparation of a site for foundation work, including but not limited to: site clearing, excavation, de-watering, pile placement and soil testing activities.

Spa. Any constructed or prefabricated pool containing water jets.

Stop work order. An order by the Building Official, or his designee, which requires the immediate cessation of all work and work activities described in the order.

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

Structural work or alteration.

1)

The installation or assembling of new structural components into a system, building or structure; or

2)

Any change, repair or replacement of any existing structural component of a system, building or structure.

Substantial completion. That point at which construction work has been sufficiently completed, in accordance with the applicable county, state and federal codes, so that a structure can be occupied or a project can be utilized for the use for which it was intended.

Unsafe buildings or systems. See Chapter 58, Article III, Sections 58-80 through 58-93 of the Volusia County Code of Ordinances.

Value. The estimated current replacement cost of the building, component or system in kind.

Wind Speed Lines. The basic wind speed lines for Risk Category 1 through Risk Category IV buildings are determined by the Florida Department of Community Affairs, Codes and Standards Division and Applied Research Associates, as published June 28, 2011 and as digital data available at the Florida Geographic Data Library. The exact location of these lines in Volusia County are hereby established using the data provided to the county by the Florida Geographic Data Library as geographic information system coordinates in decimal degrees, which were then plotted on a map of the county.

102.10.1 Conflict in definitions. In case of a conflict in definitions or codes, the appropriate definition or code to be applied shall be the one applicable to the trade in question.

PART 2 - ADMINISTRATION AND ENFORCEMENT

SECTION 103 - BUILDING and PERMIT PROCESS ACTIVITY

103.1 Establishment. An activity to be called the Building and Permit Process Activity is hereby established. The person in charge shall be known as the Chief Building Official. All code officials employed by the activity shall be certified in accordance with F.S. ch. 468, pt. XII.

103.1.1 Appointment. The Chief Building Official shall be appointed by the chief appointing authority of Volusia County.

103.2 Employee qualifications:

103.2.1 Chief Building Official. The Chief Building Official shall have a minimum of ten years combined experience as an architect, engineer, construction code official, contractor or construction superintendent, including a minimum of five (5) years of experience in supervisory positions and shall be certified as a building code administrator by the State of Florida.

103.2.2 Chief Plans Examiner. The Chief Building Official may designate a Chief Plans Examiner to administer the provisions of the Florida Building Codes. The Chief Plans Examiner shall have the qualifications or the ability to obtain said qualifications set forth in 103.2.1. The Chief Plans Examiner shall be certified through the State of Florida for the appropriate trades.

103.2.3 Chief Inspector Supervisor. The Chief Building Official may designate a Chief Inspector Supervisor to administer the provisions of the Florida Building Codes. The Chief Inspector Supervisor shall have the qualifications or the ability to obtain said qualifications set forth in 103.2.1. The Chief Inspector Supervisor shall be certified through the State of Florida for the appropriate trades.

103.2.4 Plans Examiners and Inspectors. The Chief Building Official may appoint or hire such number of officers, plans examiners, inspectors, assistants and other employees as shall be authorized. A plans examiner or an inspector of construction shall have a minimum of five (5) years of experience as a building inspector, engineer, architect, or as a superintendent, foreman or competent mechanic in charge of construction, in the corresponding trade. Plans examiners and inspectors shall be certified through the State of Florida for the appropriate trades.

103.2.5 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Chief Building Official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the Chief Building Official. The Deputy Building Official shall have the qualifications set forth in 103.2.1.

103.3 Restrictions on employees. An officer or employee connected with the Building and Permit Process Activity, except one whose only connection is as a member of the board established by this Code, shall not be financially interested (except as a property owner) in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, or system; or in the making of plans or specifications thereof, within areas under the jurisdiction of Volusia County which are inconsistent with his or her duties or which conflict with the interests of the Building and Permit Process Activity.

103.4 Records. The duly appointed records custodian shall keep a record of the business of the Building and Permit Process Activity. The records of the Building and Permit Process Activity shall be open to public inspection.

103.5 Liability. Officers and employees of the Building and Permit Process Activity and members of the Contractor Licensing & Construction Appeals Board, charged with the enforcement of this Code and acting for Volusia County in the discharge of their duties, shall not thereby render themselves personally liable and are hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of their duties. Any suit brought against any officer, employee or member in connection with such act is entitled to legal representation by the County of Volusia until the final termination of the proceedings, unless such person is found to have acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard for the safety, health, and welfare of the public.

SECTION 104 - DUTIES AND POWERS OF THE CHIEF BUILDING OFFICIAL

104.1 General. The Chief Building Official is hereby authorized and directed to enforce the provisions of this code. The Chief Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

104.2 Applications and permits. The Chief Building Official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

104.2.1 Suspension or Revocation of permits. The Chief Building Official may suspend or revoke any permit issued:

1.

In error or on the basis of incorrect, inaccurate or incomplete information or in violation of or not in conformity with any ordinance, regulation or provisions of this code.

2.

In connection with submission of any false or misleading statement, or any material misrepresentation with the application or plans.

3.

Upon determination by the Chief Building Official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of or not in conformity with the provisions of the code.

104.3 Notices and orders. The Chief Building Official shall issue all necessary notices or orders to ensure compliance with the code.

104.4 Inspections. Reserved.

104.5 Identification. Reserved.

104.6 Right of entry.

104.6.1 First attempt. Whenever necessary to make an inspection to enforce the provisions of this code, or where the Chief Building Official has reasonable cause to believe that there exists, in a structure or upon a premises, a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, and provided that if such structure or premises be occupied, credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the Chief Building Official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the Chief Building Official shall have recourse to the remedies provided by law to secure entry.

104.6.2 Inspection warrant. Upon presentation with a duly-executed inspection warrant or other remedy provided by law, no owner or occupant or other persons having charge, care or control of any building, structure, or premises shall fail or neglect to promptly permit entry therein for the purpose of inspection and examination pursuant to this code.

104.7 Division records. The duly appointed records custodian shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records provided in F.S. ch. 119. The records of the department shall be open to public inspection.

104.8 Liability. The Chief Building Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for Volusia County in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of Volusia County until the final termination of the proceedings. The Chief Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

104.9 Approved materials and equipment. Materials, equipment and devices approved by the Chief Building Official shall be constructed and installed in accordance with such approval.

104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the Chief Building Official.

104.10 Modifications. Reserved.

104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the Chief Building Official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. When alternate life safety systems are designed, the SFPE Engineering Guide to Performance-Based Fire Protection Analysis and Design of Buildings, or other methods approved by the Chief Building Official may be used. The Chief Building Official shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternative.

104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the Chief Building Official shall have the authority to require tests as evidence of compliance to be made at no expense to Volusia County. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the Chief Building Official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the Chief Building Official for the period required for retention of public records.

104.12 Requirements not covered by code. Any requirement reasonably determined by the chief building official to be appropriate to the strength, stability, safety or proper operation of any existing or proposed building or, structure, including electrical, gas, mechanical or plumbing systems, or necessary for public safety, health and general welfare, which is not specifically covered by this code or by other technical codes in force in Volusia County, shall be required by this subsection.

SECTION 105 - PERMITS

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the Chief Building Official and obtain the required permit.

105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an already existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the Chief Building Official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Chief Building Official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year.

105.1.2 Annual permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The Chief Building Official shall have access to such records at all times or such records shall be filed with a designated records custodian.

105.1.3 Food permit. In accordance with F.S. § 500.12, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.

105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to F.S. § 514.031. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with F.S. ch. 553. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health.

105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. In addition to the requirements of this code, additional restrictions may be applicable to a property or parcel that may be found in the public records of this county, and additional permits may be required from other governmental entities such as water management districts, state agencies or federal agencies. Permits shall not be required for the following:

Building:

1.

Retaining walls that are not over 2 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

2.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

3.

Temporary motion picture, television and theater stage sets and scenery.

4.

Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground.

5.

Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

6.

Swings and other playground equipment accessory to detached one- and two-family dwellings.

7.

Non fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.

Electrical:

1.

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3.

Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1.

Portable heating appliance.

2.

Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1.

Portable heating appliance.

2.

Portable ventilation equipment.

3.

Portable cooling unit.

4.

Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5.

Replacement of any part that does not alter its approval or make it unsafe.

6.

Portable evaporative cooler.

7.

Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

8.

The installation, replacement, removal or metering of any load management control device.

Plumbing:

1.

The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2.

The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Chief Building Official.

105.2.2. Minor repairs. Ordinary minor repairs or installation of replacement parts may be made with the prior approval of the Chief Building Official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.

105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the Building and Permit Process Activity for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of F.S. §§ 713.135(5) and (6). Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit.

105.3.1 Action on application. The Chief Building Official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Chief Building Official shall reject such application in writing, stating the reasons therefor. If the Chief Building Official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Chief Building Official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the Chief Building Official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility.

105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code.

105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to Volusia County which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under F.S. ch. 471:

1.

Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000.

2.

Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by F.S. ch. 633, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system.

3.

Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under F.S. ch. 489, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of $125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer.

Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons.

Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system.

  NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building.

4.

Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000.

5.

Electrical documents. See F.S. § 471.003(2)(h). Any electrical system that meets the following thresholds are required to be designed by a Florida Registered Engineer: an electrical system with a value of over $125,000 with an aggregate service capacity of over 600 amperes (240 volts) on a residential electrical system or over 800 amperes (240 volts) on a commercial or industrial electrical system.

NOTE: It was further clarified by the Commission that the limiting factor of 240 volt or over is required to be designed by an Engineer.

Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in F.S. § 471.025.

6.

All public swimming pools and public bathing places defined by and regulated under F.S. ch. 514.

105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Chief Building Official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

105.3.3 Additional Requirements. An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies."

105.3.4 Permit Issuance. A building permit for a single-family residential dwelling must be issued within 30 working days of application therefor unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances.

105.3.5 Identification of minimum premium policy. Except as otherwise provided in F.S. ch. 440, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in F.S. §§ 440.10 and 440.38. Participation in Volusia County's Licensing Program satisfies this requirement.

105.3.6 Asbestos removal. Moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form:

Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances.

105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation.

105.3.8 Public right-of-way. A permit shall not be given by the Chief Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right-of-way permit from the authority having jurisdiction over the street, alley or public lane.

105.3.9 Temporary toilet facilities for workers. Suitable temporary toilet facilities in accordance with normal industry standards shall be provided and maintained in a sanitary condition for the use of workers during construction. Such facilities shall be:

1)

Regularly cleaned;

2)

Must be provided in a well-ventilated location;

3)

Shall be placed at least 15 feet from the side property line of the lot on which it is located;

4)

May not be placed in the public right-of-way; and

5)

Shall be provided on site prior to the first inspection.

105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of Volusia County. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of Volusia County shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Chief Building Official from requiring the correction of errors in the construction documents and other data. The Chief Building Official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the Chief Building Official from thereafter requiring a correction of errors in plans, construction or violations of this code. Unless a permit is reinstated or an extension is granted in accordance with 105.5 Expiration, every permit issued shall become invalid unless an approved inspection is obtained within the following time frames after the date of permit issuance: Demolition permits: 60 days, Pool permits: 90 days, All other permits: 180 days.

105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, and unless the permit is reinstated or an extension is granted in accordance with 105.5 Expiration, a new permit covering the proposed construction shall be obtained before any further work can proceed.

105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the Chief Building Official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, and unless the permit is reinstated or an extension granted in accordance with 105.5 Expiration, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit.

105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within the following time frames of the previous approved inspection: Demolition permits: 60 days, Pool permits: 90 days, All other permits: 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process.

105.4.1.4 The fee for renewal reissuance and extension of a permit shall be set forth by the Volusia County Council.

105.5 Expiration. Unless a permit is reinstated or an extension granted, every permit issued shall become invalid unless an approved (passed) inspection is obtained within the following time frames after the date of permit issuance: Demolition permits: 60 days, Pool permits: 90 days, All other permits: 180 days.

Unless a permit is reinstated or an extension granted, failure to obtain an approved inspection within the following time frames of the previous approved inspection shall constitute suspension or abandonment: Demolition permits: 60 days, Pool permits: 90 days, All other permits: 180 days.

The Chief Building Official is authorized to reinstate a permit or is authorized to grant, in writing, one or more extensions of time for periods not more than the following: Demolition permits: 60 days, Pool permits: 90 days, All other permits: 180 days. The request for reinstatement or extension(s) shall be in writing and demonstrate justifiable cause. Justifiable cause includes, but is not limited to, natural disasters, material shortages, strikes, fire, explosion, financial reversals or other situations beyond the control of the permit holder.

105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the Chief Building Official or his or her designee, shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant.

105.7 Placement of permit. Prior to commencing work, the permit holder or his or her agent shall post the permit card and all required documents at a conspicuous location on the premises, protected from weather and in such a manner that inspectors may conveniently make required entries thereon. Such posting shall remain in place and intact until the Certificate of Occupancy or Completion is issued.

105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT."

105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of F.S. § 469.003, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law.

105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval.

105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for re-inspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel.

105.12 Work starting before permit issuance. Upon approval of the Chief Building Official and the fire safety official in accordance with the Florida Fire Prevention Code, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. A hold harmless letter from the permit applicant and building owner may be required to be submitted, reviewed, and accepted by the Chief Building Official prior to any approval.

105.13 Phased permit approval. After submittal of the appropriate construction documents, the Chief Building Official and the fire safety official in accordance with the Florida Fire Prevention Code are authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. A hold harmless letter from the permit applicant and building owner may be required to be submitted, reviewed and accepted by the Chief Building Official prior to any approval.

105.14 Permit issued on basis of an affidavit. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the Chief Building Official, are hazardous or complex, the Chief Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the Chief Building Official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the Chief Building Official. The Chief Building Official shall ensure that any person conducting plans review is qualified as a plans examiner under, or as exempted by F.S. ch. 468, pt. XII, and that any person conducting inspections is qualified as a building inspector under, or as exempted by F.S. ch. 468, pt. XII.

Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code.

105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided.

Exception: Single-family residential structures permitted subject to the Florida Building Code are not required to comply with this section.

105.16 Inspection of existing residential building not impacted by construction.

a)

A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought.

b)

This subsection does not apply to a building permit sought for:

1.

A substantial improvement as defined in F.S. § 161.54, or as defined in the Florida Building Code.

2.

A change of occupancy as defined in the Florida Building Code.

3.

A conversion from residential to nonresidential or mixed use pursuant to F.S. § 553.507(2)(a), or as defined in the Florida Building Code.

4.

A historic building as defined in the Florida Building Code.

c)

This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from:

1.

Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph a).

2.

Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph a).

3.

Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph a).

4.

Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with F.S. §§ 933.20 through 933.30.

105.17 Streamlined low-voltage alarm system installation permitting.

1.

As used in this section, the term:

a)

"Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under F.S. ch. 489, pt. II.

b)

"Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in F.S. § 489.505, operating at low voltage, as defined in the National Electrical Code Standard 70, and ancillary components or equipment attached to such a system, including, but not limited to, home-automation equipment, thermostats, and video cameras.

2.

Notwithstanding any provision of this Code, this section applies to low-voltage alarm system projects for which a permit is required by a local enforcement agency.

3.

This section does not apply to the installation or replacement of a fire alarm if a plan review is required.

4.

A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost as indicated in F.S. § 553.793.

a)

A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit information other than identification information of the licensee and proof of registration or certification as a contractor.

b)

A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects.

5.

A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project.

6.

A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low-Voltage Alarm System Project as provided under subsection 7 to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project.

7.

The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project shall be in the format prescribed by the local enforcement agency and must comply with the requirements of F.S. § 553.793(7).

8.

A low-voltage alarm system project may be inspected by the local enforcement agency to ensure compliance with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection.

9.

A municipality, county, district, or other entity of local government may not adopt or maintain in effect an ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section.

10.

A municipality, county, district, or other entity of local government may not adopt or maintain in effect an ordinance or rule regarding a low-voltage system project that is inconsistent with this section.

The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of F.S. ch. 489.

SECTION 106 - FLOOR AND ROOF DESIGN LOADS

106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices.

106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed.

106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code.

SECTION 107 - SUBMITTAL DOCUMENTS

107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by F.S. ch. 471, and 61G15 Florida Administrative Code, or F.S. ch. 481, and 61G1 Florida Administrative Code. Where special conditions exist, the Chief Building Official is authorized to require additional construction documents to be prepared by a registered design professional.

Exception: The Chief Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.5.

107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the Chief Building Official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the Chief Building Official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design.

107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.

107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings.

The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Chief Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Chapter 72, Article III, Division 7 of the Volusia County Code of Ordinances.

107.2.6 Additional data. The Chief Building Official may require submission of details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required shall be prepared by an architect or engineer and shall be affixed with his or her official seal, signature and date as required by state law.

107.2.7 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, or other acceptable medium. The Chief Building Official may establish, through departmental policy, standards for plans and specifications, to provide conformity with its record retention program, including such things as minimum size, shape, contrast, clarity, or other factors related to records management.

107.3 Examination of documents. The Chief Building Official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

Exceptions:

1.

Building plans approved pursuant to F.S. § 553.77(5), and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project.

2.

Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the Chief Building Official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors.

107.3.1 Approval of construction documents. When the Chief Building Official issues a permit, the construction document shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the Chief Building Official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the Chief Building Official or a duly authorized representative.

107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned.

107.3.3 Phased approval. The Chief Building Official and the fire safety official in accordance with the Florida Fire Prevention Code, are authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. A hold harmless letter from the permit applicant and building owner may be required to be submitted, reviewed and accepted by the Chief Building Official prior to any approval.

107.3.4 Design professional in responsible charge. When it is required that documents be prepared by a registered design professional, the Chief Building Official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The Chief Building Official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties.

The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building.

107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the Chief Building Official within a specified period.

Deferral of any submittal items shall have the prior approval of the Chief Building Official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the Chief Building Official.

Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the Chief Building Official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the Chief Building Official.

107.3.4.2 Certifications by contractors authorized under the provisions of F.S. § 489.115(4)(b), shall be considered equivalent to sealed plans and specifications by a person licensed under F.S. ch. 471, or F.S. ch. 481, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one- and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under F.S. chs. 471, 481 or 489.

107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the Chief Building Official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations:

Commercial Buildings:

Building:

1.

Site requirements:

o

Parking

o

Fire access

o

Vehicle loading

o

Driving/turning radius

o

Fire hydrant/water supply/post indicator valve (PIV)

o

Set back/separation (assumed property lines)

o

Location of specific tanks, water lines and sewer lines

o

Flood hazard areas, flood zones, and design flood elevations

2.

Occupancy group and special occupancy requirements shall be determined.

3.

Minimum type of construction shall be determined (see Table 503).

4.

Fire-resistant construction requirements shall include the following components:

o

Fire-resistant separations

o

Fire-resistant protection for type of construction

o

Protection of openings and penetrations of rated walls

o

Fire-blocking and draft-stopping and calculated fire resistance

5.

Fire suppression systems shall include:

o

Early warning smoke evacuation systems Schematic fire sprinklers

o

Standpipes

o

Pre-engineered systems

o

Riser diagram

o

Same as above.

6.

Life safety systems shall be determined and shall include the following requirements:

o

Occupant load and egress capacities

o

Early warning

o

Smoke control

o

Stair pressurization

o

Systems schematic

7.

Occupancy load/egress requirements shall include:

o

Occupancy load

o

Gross

o

Net

o

Means of egress

o

Exit access

o

Exit

o

Exit discharge

o

Stairs construction/geometry and protection

o

Doors

o

Emergency lighting and exit signs

o

Specific occupancy requirements

o

Construction requirements

o

Horizontal exits/exit passageways

8.

Structural requirements shall include:

o

Soil conditions/analysis

o

Termite protection

o

Design loads

o

Wind requirements

o

Building envelope

o

Impact resistant coverings or systems

o

Structural calculations (if required)

o

Foundation

o

Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials

o

Wall systems

o

Floor systems

o

Roof systems

o

Threshold inspection plan

o

Stair systems

9.

Materials shall be reviewed and shall at a minimum include the following:

o

Wood

o

Steel

o

Aluminum

o

Concrete

o

Plastic

o

Glass

o

Masonry

o

Gypsum board and plaster

o

Insulating (mechanical)

o

Roofing

o

Insulation

10.

Accessibility requirements shall include the following:

o

Site requirements

o

Accessible route

o

Vertical accessibility

o

Toilet and bathing facilities

o

Drinking fountains

o

Equipment

o

Special occupancy requirements

o

Fair housing requirements

11.

Interior requirements shall include the following:

o

Interior finishes (flame spread/smoke development)

o

Light and ventilation

o

Sanitation

12.

Special systems:

o

Elevators

o

Escalators

o

Lifts

13.

Swimming pools:

o

Barrier requirements

o

Spas

o

Wading pools

Electrical

1.

Electrical:

o

Wiring

o

Services

o

Feeders and branch circuits

o

Overcurrent protection

o

Grounding

o

Wiring methods and materials

o

GFCIs

2.

Equipment

3.

Special occupancies

4.

Emergency systems

5.

Communication systems

6.

Low voltage

7.

Load calculations

8.

Design flood elevation

Plumbing

1.

Minimum plumbing facilities

2.

Fixture requirements

3.

Water supply piping

4.

Sanitary drainage

5.

Water heaters

6.

Vents

7.

Roof drainage

8.

Back flow prevention

9.

Irrigation

10.

Location of water supply line

11.

Grease traps

12.

Environmental requirements

13.

Plumbing riser

14.

Design flood elevation

Mechanical

1.

Energy calculations

2.

Exhaust systems:

o

Clothes dryer exhaust

o

Kitchen equipment exhaust

o

Specialty exhaust systems

3.

Equipment

4.

Equipment location

5.

Make-up air

6.

Roof-mounted equipment

7.

Duct systems

8.

Ventilation

9.

Combustion air

10.

Chimneys, fireplaces and vents

11.

Appliances

12.

Boilers

13.

Refrigeration

14.

Bathroom ventilation

15.

Laboratory

16.

Design flood elevation

Gas

1.

Gas piping

2.

Venting

3.

Combustion air

4.

Chimneys and vents

5.

Appliances

6.

Type of gas

7.

Fireplaces

8.

LP tank location

9.

Riser diagram/shutoffs

10.

Design flood elevation

Demolition

1.

Asbestos removal

2.

Rodent control. In order to control the spread of infestation by rodents, the chief building official may require proof, including certification by a state certified pest control operator stating the building is free of infestation by rodents, that a building proposed to be demolished is free of rodents.

Residential (one- and two-family)

1.

Site requirements

o

Set back/separation (assumed property lines)

o

Location of septic tanks

2.

Fire-resistant construction (if required)

3.

Fire

4.

Smoke detector locations

5.

Egress:

o

Egress window size and location

o

stairs construction requirements

6.

Structural requirements shall include:

o

Wall section from foundation through roof, including assembly and materials connector tables wind requirements structural calculations (if required)

o

Termite protection

o

Design loads

o

Wind requirements

o

Building envelope

o

Structural calculations (if required)

o

Foundation

o

Wall systems

o

Floor systems

o

Roof Systems

o

Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials

7.

Accessibility requirements: show/identify accessible bath

8.

Impact resistant coverings or systems

Manufactured buildings plan except for foundations and modifications of buildings on site.

1.

Site requirements

o

Setback/separation (assumed property lines)

o

Location of septic tanks (if applicable)

2.

Structural

o

Wind zone

o

Anchoring

o

Blocking

3.

Plumbing

o

List potable water source and meter size (if applicable)

4.

Mechanical

o

Exhaust systems

o

Clothes dryer exhaust

o

Kitchen equipment exhaust

5.

Electrical exterior disconnect location

Exemptions.

Plans examination by the Chief Building Official shall not be required for the following work:

1.

Replacing existing equipment such as mechanical units, water heaters, etc.

2.

Reroofs

3.

Minor electrical, plumbing and mechanical repairs

4.

Annual maintenance permits

5.

Prototype plans:

o

Except for local site adaptions, siding, foundations and/or modifications.

o

Except for structures that require waiver.

6.

Manufactured buildings plan except for foundations and modifications of buildings on site.

7.

After the Fact Construction. As determined by the Chief Building Official or his or her designee, work completed without permit that meets all of the following criteria:

o

The construction was completed over (7) years ago or the current owner was not responsible for the construction;

o

Structural, electrical, plumbing, mechanical and fuel gas systems as appropriate are inspected and affidavits are provided and completed by a licensed professional or trades person and deemed acceptable by the Chief Building Official or his or her designee;

o

Flood Hazard zone requirements are met and documented as necessary to demonstrate compliance with applicable ordinances;

o

Compliance with Zoning and/or Land Development regulations; and

o

No conflict with Federal or State law or county ordinances exists.

107.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the reviewed construction documents shall be resubmitted for review as an amended set of construction documents.

107.5 Retention of construction documents. One set of reviewed construction documents shall be retained by the designated records custodian for a period of not less than 180 days from date of completion of the permitted work, or as required by Florida Statutes.

107.6 Affidavits. The Chief Building Official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The Chief Building Official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Chief Building Official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the Chief Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The Chief Building Official shall ensure that any person conducting plans review is qualified as a plans examiner or as exempted under F.S. ch. 468, pt. XII, and that any person conducting inspections is qualified as a building inspector or as exempted under F.S. ch. 468, pt. XII.

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the Chief Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code.

SECTION 108 - TEMPORARY STRUCTURES AND USES

108.1 General. The Chief Building Official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The Chief Building Official is authorized to grant extensions for demonstrated cause.

108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

108.3 Temporary power. The Chief Building Official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70.

108.4 Termination of approval. The Chief Building Official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

SECTION 109 - FEES

109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. All outstanding fees, except permits requiring a power release, shall be paid prior to the final permit inspection. For permits requiring power releases, all outstanding fees shall be paid prior to the power being released.

109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by Volusia County.

109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following:

o

Permits;

o

Plans examination;

o

Flood Hazard reviews including, but not limited to determinations, agreement letters, completion of forms, and production of custom maps;

o

Coastal reviews;

o

Addendums/Revisions;

o

Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity);

o

Re-inspections;

o

Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board);

o

Variance requests;

o

Administrative appeals;

o

Violations; and

o

Other fees as established by local resolution or ordinance.

109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the Chief Building Official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Chief Building Official. Final building permit valuation shall be set by the Chief Building Official. For permitting purposes, valuation of buildings and systems shall include total replacement value including structural, electric, plumbing, mechanical, interior finish, normal site work (excavation and backfill for buildings), architectural and design fees, marketing costs, overhead and profit; excluding only land value. Valuation references may include the latest publication of the International Code Council (ICC) Building Valuation Data, published semi-annually. Permit fee calculations will be based upon the applicant's valuation or the ICC building valuation data, whichever is greater.

109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the Chief Building Official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to the emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within three (3) business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of a double fee. The payment of a double fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The Chief Building Official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or local ordinance.

109.6 Refunds. Refunds shall be as detailed in the most recent local fee resolution of the Volusia County Council.

SECTION 110 - INSPECTIONS

110.1 General. Construction or work for which a permit is required shall be subject to inspection by the Chief Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of Volusia County. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of Volusia County shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. The Chief Building Official shall be permitted to require a boundary line survey prepared by a Florida registered surveyor whenever the boundary lines cannot be readily determined in the field. Neither the Chief Building Official nor Volusia County shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

110.1.1 Manufacturers and fabricators. When deemed necessary by the Chief Building Official, he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes.

110.1.2 Inspection service. The Chief Building Official may make, or cause to be made, the inspections required by 110. He or she may accept reports of department inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, Qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the Chief Building Official. The Chief Building Official shall ensure that all persons making such inspections shall be certified in accordance with or exempted by F.S. ch. 468.

110.2 Preliminary inspection. Before issuing a permit, the Chief Building Official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed.

110.3 Required inspections. The Chief Building Official upon notification from the permit holder or his or her agent shall make the following inspections, or any other such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The Chief Building Official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection.

Building

1.

Foundation inspection. To be made after trenches are excavated, and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. and shall at a minimum include the following building components:

o

Stem-wall

o

Monolithic slab-on-grade

o

Piling/pile caps

o

Footers/grade beams

o

Slab

1.1.

A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the foundation inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection.

1.2.

Buildings in flood hazard areas; See 110.3.3.

2.

Framing inspection. To be made after the roof, all framing, fire-blocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved and shall at a minimum include the following building components:

o

Window/door framing and installation

o

Vertical cells/columns

o

Lintel/tie beams

o

Framing/trusses/bracing/connectors (including truss layout and engineered drawings)

o

Draft stopping/fire blocking

o

Curtain wall framing

o

Energy insulation

o

Accessibility

o

Verify rough opening dimensions are within tolerances

o

Window/door buck attachment

2.1.

Insulation Inspection: To be made after the framing inspection is approved and the insulation is in place.

2.2.

Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly.

3.

Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components:

o

Roof sheathing

o

Wall sheathing

o

Sheathing fasteners

o

Roof/wall dry-in

o

Sheathing/cladding inspection

NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and properly reinstalled prior to installation of the dry-in material.

4.

Roofing inspection. Shall at a minimum include the following building components:

o

Sheathing nailing as appropriate

o

Dry-in

o

Insulation

o

Roof coverings (including In Progress as necessary)

o

Flashing

5.

Final inspection. To be made after the building is completed and ready for occupancy.

5.1.

Buildings in flood hazard areas; See 110.3.10.1.

5.2.

The contractor and/or owner of any active or inactive construction project shall clean up and remove all construction debris or other discarded articles prior to receiving final inspection approval.

6.

Swimming pool inspection(s).

6.1.

First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell and shall include:

o

Underground electric inspection.

o

Underground plumbing inspection including a pressure test.

6.2.

Deck inspection to be made prior to installation of the deck material (with forms, deck drains, electrical bonding, and any reinforcement in place).

6.3.

Pre fill inspection to be made when swimming pool is ready to be plastered/finished and all interior alarms or other safety devices are in place and operational as required by this code.

6.4.

Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. To obtain an approved final inspection and receive a certificate of completion, an outdoor swimming pool must meet the requirements relating to pool safety features as described in R4501.17, 454.1.3 or 454.2.17 as appropriate, and anti-entrapment requirements per ANSI/APSP-7 and energy efficiency requirements per ANSI/APSP 15.

7.

Demolition inspections.

7.1.

First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations.

7.2.

Final inspection to be made after all demolition work is completed.

8.

Manufactured building inspections. The Building Activity shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 453.27.20 of this code).

9.

Where impact resistant coverings or impact resistant systems are installed, the Chief Building Official shall schedule adequate inspections of impact resistant coverings or impact resistant systems to determine the following:

o

The system indicated on the plans was installed.

o

The system is installed in accordance with the manufacturer's installation instructions and the product approval.

Electrical

1.

Underground inspection to be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.

2.

Rough-in inspection to be made after the roof, framing, fire-blocking and bracing is in place and prior to the installation of wall or ceiling membranes.

3.

Pre-Power Inspection. To be made before the final inspection to allow the service to be energized for final inspection. All outstanding fees are required to be paid prior to this inspection.

4.

Final inspection. To be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy.

5.

Temporary power inspection. To be made after temporary power pole is in place and properly supported. Temporary power is not authorized for mobile home installations.

6.

Replacement electrical service inspection. To be made after all electrical work is complete and prior to energizing the service.

Exception: For licensed electrical contractors, a disconnect and reconnect may be authorized.

Plumbing

1.

Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place.

Exception: Partial backfilling may be authorized by the Chief Building Official.

2.

Rough-in inspection. To be made after the roof, framing, fire-blocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes.

Note: See Section P312 of the Florida Building Code, Plumbing and P2503 Florida Building Code, Residential for required tests.

3.

Final inspection. To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.

Note: See Section P312 of the Florida Building Code, Plumbing and P2503 Florida Building Code, Residential for required tests.

Mechanical

1.

Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.

2.

Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes.

3.

Final inspection. To be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy.

Gas

1.

Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected.

2.

Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test.

3.

Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans.

Site Debris

1.

The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval. Construction job sites must be kept clean.

2.

All debris shall be kept in such a manner as to prevent it from being spread by any means.

3.

With respect to commercial or multifamily building projects, the permit holder, licensed contractor and/or property owner shall maintain all construction sites in a safe condition, shall minimize unsafe conditions and unsightly appearance at the site, and shall provide fencing or other protective barriers whenever work ceases for a period longer than 7 days.

110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94, the concrete need not be on the job.

110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, a Building Under Construction Elevation Certificate shall be submitted for review and acceptance by the Chief Building Official who shall verify that the certificate demonstrates compliance with Volusia County's Flood Hazard Management Ordinance and meets the minimum documentation requirements found in Section 1612 of the Florida Building Code.

110.3.4 Frame inspection. Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a release from the Chief Building Official.

110.3.5 Lath and gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

Exception: Gypsum board that is not part of a fire-resistance rated assembly or a shear assembly.

110.3.6 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved.

110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R- and U-values, fenestration U-value, duct system R-value, and HVAC and water-heating equipment efficiency.

110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the Chief Building Official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the Building Activity.

110.3.9 Special inspections. Reserved.

110.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. The contractor and/or owner of any active or inactive construction project shall clean up and remove all construction debris or other discarded articles prior to receiving final inspection approval.

110.3.10.1 Flood hazard documentation. In flood hazard areas, prior to scheduling the final building inspection, the Finished Construction Elevation Certificate shall be submitted for review and acceptance by the Chief Building Official who shall verify that the certificate demonstrates compliance with Volusia County's Flood Hazard Management Ordinance and meets the minimum documentation requirements found in Section 1612 of the Florida Building Code.

110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the Chief Building Official has been received.

110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the Chief Building Official shall schedule adequate inspections of impact resistant coverings or systems to determine the following:

1.

The system indicated on the plans was installed.

2.

The system is installed in accordance with the manufacturer's installation instructions and the product approval.

110.4 Inspection agencies. The Chief Building Official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability.

110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the Chief Building Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Chief Building Official. The Chief Building Official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Chief Building Official.

110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector.

110.8 Threshold building.

110.8.1 Volusia County shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to Volusia County prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the Chief Building Official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector.

110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under F.S. § 553.71(7), may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code.

110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to Volusia County. The inspector shall be a person certified, licensed or registered under F.S. ch. 471, as an engineer or under F.S. ch. 481, as an architect.

110.8.4 Volusia County shall require that, on every threshold building:

110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with Volusia County in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to Volusia County."

110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to Volusia County for review for compliance with the codes and made part of Volusia County's recorded set of permit documents.

110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to Volusia County for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor.

110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this section and F.S. ch. 633.

110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in F.S. § 489.105(3)(a), or to a licensed building contractor, as defined in F.S. § 489.105(3)(b), within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued.

110.8.6 The Building Activity may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, F.S. § 553.73, without duplicative inspection by the Building Activity. The Chief Building Official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under F.S. ch. 468, pt. XII, or certified as a special inspector under F.S. chs. 471 or 481. Inspections of threshold buildings required by F.S. § 553.79(5), are in addition to the minimum inspections required by this code.

SECTION 111 - CERTIFICATE OF OCCUPANCY

111.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the Chief Building Official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of Volusia County.

Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2.

111.2 Certificate issued. After the Chief Building Official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the Building Activity, the Chief Building Official shall issue a certificate of occupancy that contains the following:

1.

The building permit number.

2.

The address of the structure.

3.

The name and address of the owner.

4.

A description of that portion of the structure for which the certificate is issued.

5.

A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

6.

For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction.

7.

The name of the Chief Building Official.

8.

The edition of the code under which the permit was issued.

9.

The use and occupancy, in accordance with the provisions of Chapter 3.

10.

The type of construction as defined in Chapter 6.

11.

The design occupant load.

12.

If an automatic sprinkler system is provided, whether the sprinkler system is required.

13.

Any special stipulations and conditions of the building permit.

111.3 Temporary occupancy. The Chief Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Chief Building Official shall set a time period during which the temporary certificate of occupancy is valid.

111.4 Revocation. The Chief Building Official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy.

SECTION 112 - SERVICE UTILITIES

112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the Chief Building Official.

112.2 Temporary connection. The Chief Building Official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power.

112.3 Authority to disconnect service utilities. The Chief Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Sections 112.1 or 112.2. The Chief Building Official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

SECTION 113 - BOARD OF APPEALS

113.1 Appeals. Appeals regarding Chapter one (1) of this code shall be heard as set forth at Article II herein.

SECTION 114 - VIOLATIONS

114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

114.2 Notice of violation. The Chief Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the Chief Building Official is authorized to request the legal counsel of Volusia County to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law and local ordinance.

SECTION 115 - STOP WORK ORDER

115.1 Authority. Whenever the Chief Building Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Chief Building Official is authorized to issue a stop work order.

115.2 Issuance. The stop work order shall be in writing and shall be posted upon the building, structure or premises involved or given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. When an emergency situation or dangerous condition exists, written notice shall not be required prior to stopping work.

115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT

116.1 Maintenance. See Chapter 58, Article I, Section 58-3 of the Volusia County Code of Ordinances.

116.2 Unsafe or dilapidated buildings or buildings in imminent danger. See Chapter 58, Article III, Sections 58-80 through 58-93 of the Volusia County, Code of Ordinances.

SECTION 117 - VARIANCES IN FLOOD HAZARD AREAS

117.1 Flood hazard areas. Pursuant to F.S. § 553.73(5), the variance procedures adopted Chapter 72, Article III, Division 7 of the Volusia County Code of Ordinances shall apply to requests submitted to the Chief Building Official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building.

SECTION 118 - SEVERABILITY

118.1 Validity. If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.

(Ord. No. 2005-14, § 1, 10-6-05; Ord. No. 2016-01 , § I, 1-21-16)