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123-85 ORDINANCE NO. 123-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE XVlII, "SPECIAL REQUIREMENTS OF THRESHOLD BUILDINGS" BY REPEALING SECTION 9-:569, "DEFINITIONS SUBSECTION (A) THRESHOLD BUILDINGS AND ENACTING A NEW SUBSECTION (A) TO REDEFINE THRESHOLD BUILDINGS IN ACCORDANCE WITH SECTION 553.71, FLORIDA STATUTES; BY REPEALING SECTION 9-570, "PROCE- DURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL INSPEC- TION SERVICES FOR THRESHOLD BUILDINGS" AND ENACTING A NEW SECTION 9-570, "PROCEDURES OF THE BUILDING DEPARTMENT REGARD- ING SPECIAL INSPECTION SERVICES FOR THRESHOLD BUILDINGS" WHICH SETS FORTH THE PROCEDURES TO BE FOLLOWED BY THE BUILDING DEPARTMENT IN ISSUING A PERMIT FOR A THRESHOLD BUILDING, PRO- VIDING A STOP WORK ORDER UPON NOTICE OF THE TERMINATION OF THE EMPLOYMENT OF THE SPECIAL INSPECTOR, PROVIDING THAT A CERTIFICATE OF OCCUPANCY SHALL NOT BE ISSUED UNTIL AN AFFIDAVIT OF COMPLIANCE FOR ALL STRUCTURAL COMPONENTS IN THE STRUCTURAL INSPECTION PLAN AND SHORING AND RESHORING PLANS HAS BEEN FILED WITH THE BUILDING DEPARTMENT; BY REPEAL- ING SECTION 9-571, "DUTIES OF AN OWNER IN RETAINING A SPECIAL INSPECTOR" AND ENACTING A NEW SECTION 9-571, "DUTIES OF AN OWNER IN RETAINING A SPECIAL INSPECTOR" TO REQUIRE THE OWNER TO ENTER A WRITTEN AGREEMENT WITH A SPECIAL INSPECTOR REQUIRING THE INSPECTOR TO COMPLY WITH THE TERMS OF THIS ORDINANCE, PROVIDING THAT MORE THAN ONE SPECIAL INSPECTOR MAY BE UTILIZED BUT THAT AFFIDAVITS OF COMPLIANCE MUST BE FILED FOR ALL STRUCTURAL COMPONENTS SHOWN ON THE STRUC- TURAL INSPECTION PLAN OR THE SHORING AND RESHORING PLANS, PROVIDING ACTIONS WHICH MAY BE TAKEN BY THE BUILDING DEPART- MENT FOR FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS ORDINANCE; BY REPEALING SECTION 9-572, "SPECIAL INSPECTORS PRE- CONSTRUCTION AFFIDAVIT", AND ENACTING A NEW SECTION 9-572, "SPECIAL INSPECTORS PRECONSTRUCTION AFFIDAVIT" WHICH SETS FORTH THE AFFIDAVIT WHICH MUST BE COMPLETED BY THE SPECIAL INSPECTOR AND FILED WITH THE BUILDING DEPARTMENT; BY REPEAL- ING SECTION 9-573, "SPECIAL INSPECTORS AFFIDAVIT OF COMPLIANCE", AND ENACTING A NEW SECTION 9-573, "SPECIAL INSPECTORS AFFIDAVIT OF COMPLIANCE" WHICH SETS FORTH THE AFFIDAVIT WHICH MUST BE COMPLETED BY A SPECIAL INSPECTOR FOR EACH STRUCTURAL COM- PONENT SHOWN ON THE STRUCTURAL INSPECTION PLAN OR THE SHORING AND RESHORING PLAN; BY REPEALING SECTION 9-574, "ADDI- TIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS" AND ENACTING A NEW SECTION 9-57t~, "ADDITIONAL REQUIREMENTS FOR THRESHOLD BUILDINGS WHICH SETS FORTH THOSE ADDITIONAL CONDITIONS IMPOSED UPON THRESHOLD BUILDINGS BY SECTION 553.79, FLORIDA STATUTES; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has amended state law regarding special inspection services for certain buildings designated as threshold buildings; and WHEREAS, the City desires its ordinance to be consistent with state law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 9-569, "Definitions", subsection (a) "Threshold Building" is hereby repealed and a new subsection (a), "Threshold Building" is enacted to read as follows= (a) Threshold Building. In accordance with Section 553.71, Florida Statutes, a threshold building is any building or structure which meets either of the following criteria= (1) is greater than 3 stories or 50 feet in heigh+. (2) has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 i~ersons. NOTE: Alterations or additions to existing buildings which by themselves satisfy any o! the standards for a threshold building are subject to this article. This article is also applicable to structures not intended for human occupancy such as transmission towers, antennae~ signs~ etc. Section 2. That Section 9-570~ "Procedures of the Building Department Regarding Special Inspection Services for Threshold Buildings", is hereby repealed in the new Section Procedures of the Building Department regarding special inspection services for threshold' buildings is hereby enacted to read as follows: Section 9-570. Procedures of the Building Department Regarding Special Inspection Services for Threshold Duildings. In accordance with Florida Statutes, Section 553.79(5Xa) which requires that a special inspector be present at the construction of and inspect the structural components of a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record, and shoring and reshoring plan as accepted by the Building Official: (a) The Building Official shall not issue a building permit for a structure which meets the criteria for designation as a threshold building until the following documents have been filed with that department: (1) A copy of the written agreement between the owner and the special inspector retaining the special inspector to provide services as described in Section 9-571 and required by any provision of this Article. (2) Special Inspectors Pre-Construction Affidavit as set forth in Section 9-572. (3) A copy of the special inspectors professional liability insurance policy in an amount not less than $500,000 to cover all liability arising from the activities and responsibilities of the special inspector in connection with the proposed project. A structural inspection plan prepared by the engineer or architect of record must be submitted to and approved by the Duilding Official. The structural inspection plan shall provide inspection procedures and schedules so that the building can be adequately inspected for safety in compliance with permitted documents. The structural inspection plan shall also provide for inspection to determine conform- ity with all shoring and reshoring plans submitted to and accepted by the Building Official. (b) The Building Official shall issue a stop-work order upon notification that the special inspector has terminated his employment on the proiect and further work will not be permitted until a new Special Inspectors Pre-Construction Affidavit with proof of insurance has been properly filed with the Building Department. In the absence of such notification the Building Department shall not be responsible for ascertaining whether a special inspector continues to be employed. However~ if the owner is unable to provide an Affidavit of Compliance as set forth in Section 9-573~ at the completion of the proiect, the Building Department in compliance with subsection (c) will be unable to issue a Certificate of Occupancy. (c) The Building Official shall not issue a Certificate of Occupancy for any threshold building unless a Special Inspector's Affadavit of Compliance is on file for all components shown on the structural inspection plan and on the shoring and reshoring plans. The form of the Affidavit of Compliance is set for that Section 9-573. The Building Official shall rely soley upon the Affidavit of Compliance regarding the structural components set forth in the structural inspection plan and in the shoring and reshoring plans for purposes of issuing a Certificate of Occupancy. Although the Building Department may keep on file for purposes of public information~ the special inspector's inspection reports~ tt~ose reports need not be consulted by the Building Official for purposes of issuing a Certificate of Occupany. 2 Ord. No. 123-85 Section 3. That Section 9-571~ "Duties of an Owner in Retaining a Special inspector" of the Code of Ordinances of the City of Delray Beach is hereby repe~!~d and new Section 9-571~ "Duties of an Owner in Retaining a Special inspector" is hereby enacted to read as follows= Section 9-571. Duties of an Owner in Retaining a Special Inspector. (a) It shall be the responsibility of the owner to retain a special inspector to irtspect the structural components of the threshold building in accordance with the structural inspection plan prepared by the engineer or architect of record and to inspect the shoring and reshoring plans. (b) The owner shall execute a written agreement with the special inspector(s) which sets forth the terms of employment~ provides for adequate compensation, and which requires the special~ inspector(s) to comply with the following requirements: (1) Have in force at a11 times during the inspector's contract with~ or employment as~ a special inspector on the threshold building~ professional liability insurance in an amount not less than $500~000 covering all liability arising from the employment and duties of the special inspector. (2) Complete the Special Inspectors Pre-Construction Affidavit as set forth in Section 9-572. (3) Be present at the construction of and inspect the structural components of the threshold building in accordance with the structural inspection plan prepared by the engineer or architect of record as well as the shoring and reshoring plans. The licensed architect or registered engineer serving as the special inspector shall be permitted to send his duly authorized representative to the job site to perform the necessary inspections provided that all required written reports shall be prepared by and bear the seal of the special inspector and that such written reports shall be submitted to the enforcement agency. (~) Maintain adequate written records of each inspection indicating the name of the inspector, the date of inspection, the job site, the part of the structure prepared for placing~ details on the actual placing operation, the materials used~ whatever tests were conducted, information on curing, and whatever other information the special inspector deems necessary to show compliance or lack of compliance with the structural inspection plan and the shoring and reshoring plans. The owner shall require the special inspector to file copies of reports in accord with the directions of the Building Official, but in any event copies of all inspection reports shall be filed at the completion of the inspector's employment on the project. (5) Complete the Special Inspector's Affidavit of Compliance as set forth in 9-573 at the termination of the project~ or the termination of the special inspectors employment on the project whichever occurs first. (6) In the case of termination of the inspector prior to the completion of the project, the employment agreement shall require the special inspector to: -. a. Immediately notify the Building Department in writing of his termination. b. Complete an Affidavit of Compliance for those portions of the structural components which he has inspected and which have been found to be in compliance. c. Submit a true copy of reports on any and all inspections made on the threshold building to the Building Deparment. (c) The owner may retain more than one special inspector during the course of the project. But, in any event the owner must be able to document to the Building Department by Special Inspector's Affidavit of Compliance as set forth in Section 9-573 that all structural components of the building set forth in the structural inspection plan and shoring and reshoring plans have been inspected and have been found to be in compliance with specifications~ plans and applicable building codes. (d) Should the owner faf_, to comply with any requirement of this Article, the Building Department may~ as appropriate~ deny a Building Permit for the threshold building~ issue a stop-work order on any or all phases of construction~ deny a Certificate of Occupancy. 3 Ord. No. 123-85 Section ~. That Section 9-572 "Special Inspectors Preconstruction Affidavit", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and a new Section. 9-572, "Special Inspectors Preconstruction Affidavit", is enacted to read as follows: Section 9-572. Special Inspector's Pre-Construction Affidavit In accordance with Section 9-570(a) and (b) of this Article the owner shall require each individual or firm retained to provide services as a special inspector on a threshold building, to complete a Special Inspectors Pre-Construction Affidavit which shall be filed with the Building Department and shall be in the following form: I~ (name) , hereby swear that I am a (professional qualification) , therefore qualified to be a special inspector for (name of building or proiect) under Florida Statute 553.7~)(5Xb) which requires that a special inspector be a person certified, licensed or registered under Florida Statute~ Chapter ~71 as an engineer or Florida Statute~ Chapter ~gl as an architect~ and qualified by the State Board of Building Codes and Standards. I further declare that I have adequate knowledge and training to inspect, determine, and evaluate the structural components of the threshold building for safety and to verify in accordance with the structural inspection plans that they comply with permitted documents as well as shoring and reshoring plans. I also state that I am not an employee of the general contractor nor any sub- contractor and neither are any special inspectors working under my direction. I agree to be present, or to have a representative under my supervision and direction qualified to make inspections on my behalf, present in conformity with the structural inspection plan and as needed for determining compliance with shoring and reshoring plans~ to conduct required inspections, and to keep a written report of the inspection. The report shall set forth in detail any lack of compliance with plans, specifications, or applicable Minimum Building Codes. I agree to file reports in accordance with the directions of the Building Official. I understand that I shall be permitted to send a duly authorized representative to the job site to perform the necessary inspections provided that all written reports shall be prepared and bear my seal and that such written reports will be submitted to the Building Official. I understand that I will be required to file a second affidavit at the completion of the proiect which shall state that I~ or my duly authorized representative~ was present and inspected all~ or in some cases certain enumerated~ structural components of the building as required by the structural inspection plan and shoring and reshoring plans and deem them to be safe and find that the materials and workmanship comply fully with the permitted documents and applicable building codes, and found that the materials and workmanship comply fully with the plans, specifications and applicable Minimum Building Codes. I understand that my affidavit shall be relied upon completely by the City of Delray Beach in issuing a Certificate of Occupancy. If my(our) employment as a special inspector on this project terminates prior to completion for any reason, I agree to turn over to the Building Department a copy of my written reports on whatever structural components I have inspected or supervised the inspection of, up to the time of my termination. I understand that the City of Delray Beach, "lorida has no obligation to compensate me for my services as a special inspector, or to determine the amount of my compensation. I also understand that I am neither an employee nor an agent of the City. I have in force at this time professional liability insurance in an amount not less than $500,000 to cover all liability arising from my(our) employment and duties as a special inspector on this project. I agree to hold harmless, save, indemnify and defend thc. City of Delray Beach from all liability arising out of my obligations, actions, failure to act and employment on this project. Ord. No. 123-85 Section 5. That Section 9-573, "Special Inspectors Affidavit of Com- pliance'', of the Code of Ordinances of the City of Delray Beach, Florida, is repealed and a new Section 9-573, "Special Inspectors Affidavit of Compliance" is enacted to read as follows: Section 9-573. Special Inspector's Affidavit of Compliance In accordance with Section 9-570(c) owner shall require each individual or firm retained to provide special inspection services on the threshold building to complete a Special Inspectors Affadavit of Compliance on any and all structural components which the special inspector has inspected and has found to be in conformity with plans, specifications, and applicable Minimum Building Codes. The form of the Special Inspectors Affidavit of Compliance shall be as follows: I, (name) , being a (professional qualification) and therefore qualified under Florida Statute 553.79 to be a special inspector for the purposes of inspecting the structural components of the threshold building pursuant to the structural · inspection plan on file with and accepted by the building department and the shoring and reshoring plans which have been accepted by the building depart- ment. /_7 hereby swear that I, or my duly authorized representative have been present during the construction of and inspected the structural components of this building as required by the structural inspection plan and shoring and reshoring plans and certify that the materials and workmanship of all such components have been safely constructed and comply fully with permitted documents and applicable Building Codes. This affidavit 1./_7 is applicable to all structural components required by the structural inspection and shoring and reshoring plan. 2. /_7 is applicable to the following structural components required by the structural inspection plan and shoring and reshoring plans. NOTE: A certificate of occupancy will not be issued until a sworn-to Special Inspector's Affidavit of Compliance is on file for all items included in the structural inspection plan as well as the shoring and reshoring plan. Section 6. That Section 9-574, "Additional Requirements for Threshold Buildings" of the Gode of Ordinances of the Gity of Delray Beach, Florida, is hereby repealed and a new Section 9-574, "Additional Requirements for Threshold Buildings" is hereby enacted to read as follows: Section 9-574. Additional Requirements for Threshold Buildings. The Building Department shall require that on all threshold buildings: (a) Any proposal to install an alternate structural product or system tO which building codes apply, shall be submitted to the Building Official for review for compliance with the codes and made part of the Building Department's recorded set of permit documents. (b) All shoring and reshoring procedures, plans, and details be submitted to the building department for record keeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to be in compliance with the shoring documents by the contractor. (c) All plans for threshold buildings and structures required to be signed and sealed by the architect or engineer of record shall 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. (d) 'the Building Department shall not issue a building permit for construction of any threshold building except to a licensed general contractor as defined in Section 489.105 Ord. No. 123-85 (3)(a), Florida Statutes, or a licensed building contractor, within the scope of his practice, as defined in Section t,89.105 (3Xb). The named contractor to whom the building permit is issued shall have the responsibility to supervise, direct, manage, and control construction activities on the project for which the building permit is issued. Section 7. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shaU not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this Ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTI:-D in regular session on second and final reading on this 26thday of November , 198 5. ATTEST: City~lerk First Reading. November 12, 1985 Second Reading. November 26, 1985 Ord. No. 123-85