24-84 ORDINANCE NO. 2tt_gt~
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 ENACTING A NEW ARTICLE XVIII, '"SPECIAL REQUIREMENTS OF
THRESHOLD BUILDINGS'"; PROVIDING DEFINITIONS; ESTABLISHING THE
PROCEDURES OF THE BUILDING DEPARTMENT REGARDING SPECIAL
INSPECTION SERVICES FOR THRESHOLD BUILDINGS; SETTING FORTH THE
DUTIES OF OWNERS OF THRESHOLD BUILDINGS TO PROVIDE SPECIAL
INSPECTION SERVICES~ TO REQUIRE THE SPECIAL INSPECTOR TO
PROVIDE PROFESSIONAL LIABILITY INSURANCE~ TO MAINTAIN
INSPECTION RECORDS~ TO FILE TRUE COPIES OF INSPECTION RECORDS,
AND TO COMPLETE AFFIDAVITS PRIOR TO AND AT THE TERMINATION OF
EMPLOYMENT AS A SPECIAL INSPECTOR ON THE PRO3ECT; SETTING
FORTH THE FORM OF THE AFFIDAVITS; PROVIDING ADDITIONAL RE-
QUIREMENTS FOR THRESHOLD BUILDING; PROVIDING SECTIONS;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS~ the Legislature of the State of Florida has prescribed a program of special
inspection services for certain buildings designated as threshold buildings~ which is consistent with
inspection services traditionally provided by architects and engineers; and
WHEREAS~ the City provides only traditional, periodic inspection of new construction based
on the availability of present staff; and
WHEREAS~ the City does not have adequate personnel available for special inspection
services; and
WHEREAS the construction on private property is the sole joint responsibility of the private
entities involved; and
WHEREAS, the City desires to limit its service to the public to traditional periodic
inspection.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That a new Article XVIII, Section 9 entitled "Special Requirements of Threshold
Buildings" be, and the same is, hereby created to read as follows:
Section 9-569. Definitions.
The terms defined in this section are defined in accordance with Florida Statutes and all
amendments to the statutory definition shall be incorporated by reference in this section without the
need to amend the Code.
(a) Threshold Building. In accord with Florida Statutes, Section 553.71, a threshold
building is any building or structure which meets any one of the following criteria:
(1) has a total floor area exceeding 25,000 square feet;
(2) is greater than two stories or 25 feet in height;
has an assembly occupancy greater than 5,000 square feet;
is of unusual design or construction as determined by the Building Official.
EXCEPTION: Residential structures three stories or less in height and any building defined in Florida
Statute 881.203(7) or 481.229 {agricultural buildings on farms; single family buildings or duplexes; and
buildings costing less than $25,000 other than schools, auditoriums and other public use buildings.)
NOTE: Alterations or additions to existing buildings which by themselves satisfy any of 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, antennaes, signs, etc.
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(b) Special Inspector. In accordance with Florida Statutes, Section 553.79(5)(b) a special
inspector is an individual certified, licensed, or registered under:
(1) Building Officials Association of Florida;
(2) Southern Building Code Congress International;
(3) Florida Statutes: Chapter 071 as an Engineer or Chapter t,81 as an Architect;
Council of American Building Officials;
(5) Certification Programs of Dade and Broward Counties.
Section 9-570. Procedures of the Building Department Regarding Special Inspection
Services for Threshold Buildings.
In accordance with Florida Statutes, Section 553.79(5)(a) which requires that a special
inspector be present at the construction of and inspect all structural components of a
threshold building which are related to public health, safety or welfare:
(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 desicribed in Section 9-571
or 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 $1,000,000 to cover all liability arising from the activities
and responsibilities of the special inspector in connection with the proposed
project, and naming the City of Delray Beach, its agents and employees as an
additional insured for liability arising out of the special inspectors duties,
responsibilities and employment.
(b) The Building Official shall issue a stop-work order upon notification that the special
inspector has terminated his employment on the project 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 9-572, at the completion
of the project, 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 covering all structural
components related to public health, safety or welfare is on file. The form of that
Affadavit of Compliance is set forth at Section 9-572 of the Code. The Building
Official shall rely solely upon the Affadavit of Compliance regarding the structural
components of the building which are related to public health, safety and welfare 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, those reports will not be consulted by the Building Official for purposes of
issuing a Certificate of Occupany.
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Section 9-)71. Duties of an Owner in Retaining a Special Inspector.
(a) It shall be the responsibility of the owner to retain a special inspector to determine
the structural components of the building related to public health, safety and welfare, and to require
the inspector to be present at the construction of, and to inspect all such structural components.
(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 all 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 $1~000,000 covering all liability arising from the
employment and duties of the special inspector and also naming the City, its
agents and employees as insured for liability arising out of the special inspectors
employment~ duties and responsibilities.
(2) Complete the Special Inspectors Pre-Construction Affidavit as set forth in
Section 9-)72.
(3) Be present at the construction of, inspect, and if appropriate determine, the
structural components of the threshold building which are related to public
health, safety or welfare.
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 plans, specifications applicable Minimum Building Codes. 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.
(~) Complete the Special Inspector's Affadavit of Compliance as set forth in 9-)73
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 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-)73 that all structural components of the
building related to public health~ safety and welfare have been inspected and have been found to be in
compliance with specifications, plans and applicable Minimum Building Codes.
(d) Should the owner fail 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.
Section 9-572. Special Inspector's Pre-Construction Affidavit
In accordance with Section 9-§70(a) and (b) of ~his 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 toilowin$ form:
''I, (name) , hereby swear that I am a
(professional qualification)
.therefore qualilied to. be a special inspector for. (name .of builclin~ or project)
~er Florida Statute §53.79(§)(b) which
requlr~ ~zt h ~ h~-¢tor be a person cervical, licensed or registered
under the Build!ns O/flcla~ Assoc~tion o! Florida, the Southern Building
Con~re~ International, Florida $~atute, C~apte~' t~?l as an engineer, Florida
$~x~te, Chapter ~$! as an architec~ the Council o! American Building
O/fi~ or the Certi/ication Programs ot,r)ade and Bro~d C~unties.
! /urtber declare Or~ I ~ adeqn~e la~mleOge and ~intng ~o Inspe~
determine~ and evaluate the stru~ ¢omponen~ o! the Ou~hold building
which are relatec!. ~o public health, ~/ety and wel/are, and to veri/y that they
comply with pla~. ~.-cl/icafions and ^pplic~ble Mirfimum Building ~xles. !
also state that ! am not an employee o! the general con~ractor nor any sub-
c:ontractor and neither are any special Inspectors workin~ under my ci~ection.
! '~ree ~o be present, or to have a spe~:lal Inspector under my mpervlMon and
direu~on present,, during th~' time when public health, welfare and
reLa~d ~d¢~xa~ ¢omponen~ ot the thre~old buildin~ are bein~ co--ed,
to Inspect those componen~ and to keep a wrl~en report ot the'inspection.
That report sh~l ~et lorth In detail any lack o! compliance with plans,
specifications, or applicable Minimum Building ~cles. I agree to file reports in
accordance with the directions o! the Building Ot~iclaL
I understand O~t ! will be required to file a second a/fidavit at the completion
bt the projec~ which shall state that I was present and Inspected .all, or In some
cases cerl~n enumerated, stm~ component~ o! the buHdin~ related to
public health, ~/ety and wel/are and found that the materials and workmanship
comply /ully with the plan~ speclflcation~ and aPplicable ~linimum Building-
~gle~ or that ! directed ~zl ~pervised the Inspec~on o! all such st~uc~ral
components by persons qu~l/ied to be special h~pectors and certi/y that
such components /uliy comply with plans, specifications and applicable
mum Bnildi~ C~les.
! understand that my ~/idavit shall be relied upon completely.by the City
Delray Beach In i~uing a C:erti/lcate o! Occupancy.
H my(our) employment as a special Inspector on this proje~ termInates prior to
completion Ior any re,on, ! agree to ~-n over to the Building Deportment
copy ot my written reports on whatever structural components I have Inspected
or mpervised the ~on ot, up to the time ot my termInation.
! understand that the City o! Del~ay Beach, Florida h~ no obligation to
corn .peri,ate me for my services as a special ~or, or to determine
amount ot my compensation. ! also understand that ! am neither an employee
nor an agent o! the City.
! have In torce at ~ time prc~fe~ional liabili~ Insurance In an amount not less
than $1,000,000 to cover all liabili~y arising /rOm my(our) employment and-
eas a ~.~'.ial Inspe~or on ~ project and have named the Ci~y o! Delray
as an additional insured /or any action~ arising out o! my(our) employ-
ment, duties and responsibilities as a special in~ec~or on this
~ion 9-573. Special Inspe~or~ A//idavit o! Compliance
In accordance with Section 9-570(c) owner shall require each individual or firm retained
provide special inspection services on the threshold buildIng to complete a Special Inspectors Aifada.vit
~f 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 Compl!ance shall be as follows:
I, (name) ., being a (professional c~ualification)
and therefore qualified under
Florida Statute ~53.79 to be a special inspector for the purposes of inspecting
the structural components of the threshold building which components are
related to public health, safety and welfare,
/_7 hereby swear that I have been present during the construction of and
inspected the structural components of this building which are related to public
health, safety and welfare, and certify that the materials and workmanship of
all such components comply fully with plans, specifications and applicable
Minimum Building Codes.
/_7 hereby swear that under my supervision and direction the structural
components of the building realted to public health, safety and welfare have
been inspected by persons qualified to be special inspectors who were present
during construction of those components and have been found to conform fully
with plans, specifications and applicable Minimum Building Codes.
This affidavit
1./_7 is applicable to all structural components related to public health,
safety and welfare.
2. /-7 is applicable to the following structural components realted to public
health, safety and welfare.
3. /_7 Although I have not inspected the structural components other than
those listed above, I hereby swear that the structural components listed
above along with the others for which an affidavit is on file constitutes all
of the structural components related to public health, safety and welfare.
NOTE: A certificate of occupancy will not be issued until a sworn-to Special Inspector's
Affidavit of Compliance is on file with either block I or block 3 checked above.
Section 9-57#. Additional Requirements for Threshold Buildings.
The Building Department shall require that on all threshold buildings:
(a) Any proposal to install an alternate product or system to which building codes apply,
which alternate product or system is installed after October 1, 1993, 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 prepared after October 1, 1993
be prepared by and sealed by a Florida registered engineer; a signed and sealed copy of all
shoring documents, prepared after October l, 1983, be submitted to the architect and
structural engineer and the local enforcement agency; and each shoring and reshorini~
installation performed after October 1, 1993 be supervised, inspected, and certified to be in
compliance with the shoring documents by the general contractor.
(c) All plans for buildings and structures required to be signed and sealed by an architect
or engineer, which are prepared after October 1, 1993, contain a statement that, to the best
of his knowledge, the plans and specifications comply with the applicable minimum building
codes.
(d) The Building Department"shall not issue a primary building permit for construction of
any threshold building except to a licensed general contractor. The named contractor to
whom the building permit is issued shall be held responsible for the entire project by the
enforcing agency.
Section 2. 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 shall not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 3. That this ordinance shall become effective then (10) days after its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this24t:h day of
... April , 1983.
ATTEST:
City~C~lerk
First Reading March 27, 1984
Second Reading April 24, 1984
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