MIAMI SHORES VILLAGE PERMIT PROCESS 101

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1 MIAMI SHORES VILLAGE PERMIT PROCESS 101 Ismael Naranjo, BO, CFM Building Director

2 Welcome Introduction Tom Benton Village Manager

3 Who Does What?

4 What is the difference between the Building Department and the Planning & Zoning Department? The Building Department is more technical in its application review. Looks at the details of the application and the plans. The Planning & Zoning Department is more about the aesthetics, concepts, design, and placement in the application review. Looks at how it complies with the requirements of the Village Code of Ordinances and NOT whether it complies with the requirements of the Building Code.

5 Planning & Zoning David Dacquisto Planning & Zoning Director

6 What is Zoning? Urban planning is a technical and political process concerned with the development and use of land. The public and elected officials through the comprehensive plan and zoning code describe the city they want to see. It is the role of the planner to guide development to help create the city the public and elected officials envisioned. It is a process to ensure compliance with the standards set forth in the Village Code of Ordinances.

7 What are the Zoning application requirements?

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9 Corner Lot

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12 Building Ismael Naranjo Building Official

13 BUILDING CODES IN THE UNITED STATES From 1800 to 1900, eleven major American cities were devastated by fires. In 1871, building codes were developed as the result of the Chicago fire. In 1926, as the result of the damages caused by a hurricane, the City of Miami Beach created the City s first building code. This code was implemented by more than 5000 communities nationwide. In 1937, the City of Miami adopted their own building code. In 1956, as the result of the Home Rule Legislation, Miami Dade County adopted the South Florida Building Code. The State of Florida first mandated statewide building codes during the 1970 s. In 1998, Florida Legislature amended Chapter 553, Florida Statutes (FS), and Building Construction Standards, to create a single State building code, now known as the Florida Building Code.

14 HOW ARE BUILDING PERMITS REGULATED? State of Florida Statute Miami Dade County Chapter 8 County Code Miami Shores Village Section 6-4 Code of Ordinances

15 Florida Statute 553 Florida statute section provides guidance for permits, applications, issuance, inspections. 1 (1) After the effective date of the Florida Building Code adopted as herein provided, it shall be unlawful for any person, firm, corporation, or governmental entity to construct, erect, alter, modify, repair, or demolish any building within this state without first obtaining a permit, and making payment of such reasonable fees adopted by the enforcing agency. (2) Except as provided in subsection (6), an enforcing agency may not issue any permit for construction, erection, alteration, modification, repair, or demolition of any building or structure until the local building code administrator or inspector has reviewed the plans and specifications required by the Florida Building Code, or local amendment thereto, for such proposal and found the plans to be in compliance with the Florida Building Code.

16 2014 FLORIDA BUILDING CODE PERMITS [A] 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 Building Official and obtain the required permit.

17 Permit Application Requirements Florida Statute Notice of commencement and applicability of lien. (6)(a) In addition to any other information required by the authority issuing the permit, the building permit application must be in substantially the following form.

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28 FLORIDA LIEN LAW Florida Statute Notice of commencement. (1)(a) Except for an improvement that is exempt pursuant to section (5), an owner or the owner s authorized agent before actually commencing to improve any real property, or recommencing completion of any improvement after default or abandonment, whether or not a project has a payment bond complying with section , shall record a notice of commencement in the clerk s office. Clerk of the Court for Miami-Dade County

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32 WHO ISSUES CONTRACTORS LICENSES? State of Florida under FS-489 Miami Dade County under Chapter 10 of the County Code

33 State of Florida - under Florida Statute 489 FS 489 regulates State contractors licenses. FS Exemptions. This part does not apply to: (7) Owners of property when acting as their own contractor and providing direct, onsite supervision themselves of all work not performed by licensed contractors: (a) When building or improving a farm out buildings or one-family or two-family residences on such property for the occupancy or use of such owners and not offered for sale or lease, or building or improving commercial buildings, at a cost not to exceed $75,000, on such property for the occupancy or use of such owners and not offered for sale or lease. In an action brought under this part, proof of the sale or lease, or offering for sale or lease, of any such structure by the owner-builder within 1 year after completion of same creates a presumption that the construction was undertaken for purposes of sale or lease. (c) To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner s obligations under the law as specified in the disclosure statement in this section. However, for purposes of implementing a United States Department of Energy SunShot Initiative: Rooftop Solar Challenge grant and the participation of county and municipal governments, including local permitting agencies under the jurisdiction of such county and municipal governments, an owner s notarized signature or personal appearance to sign the permit application is not required for a solar project, as described in subparagraph (a)3., if the building permit application is submitted electronically to the permitting agency and the owner certifies the application and disclosure statement using the permitting agency s electronic confirmation system. If any person violates the requirements of this subsection, the local permitting agency shall withhold final approval, revoke the permit, or pursue any action or remedy for unlicensed activity against the owner and any person performing work that requires licensure under the permit issued.

34 Miami Dade County under Section 10-2 of the County Code Before any person, firm, or corporation may work at a trade, engage in business, or contract for work as a contractor or tradesman in one (1) or more of the classifications as set forth herein, or into such other classifications as may be from time to time established as provided in Section 10-9, shall first be classified and certified as provided herein, a certificate of competency be approved and issued and a license, where required, be applied for and issued.

35 Miami Dade County under Section 10-3 of the County Code Section Certificate of competency required to do business. It shall be unlawful for any person, firm, joint venture, or corporation to engage in the business or act in the capacity of contractor or subcontractor, or for any person to act in the capacity of master, qualifying agent, journeyman, maintenance personnel, installer or any other similar tradesman defined and set forth above, within the incorporated or unincorporated areas of the County, without having made application for and there having been issued a current valid certificate of competency or eligibility for the type of work done by said person, firm, joint venture or corporation from either: (1) The State's Florida Construction Industry Licensing Board; (2) The State's Florida Electrical Contractor's Licensing Board; or (3) The County's Construction Trades Qualifying Board. Holders of County certificates must also be registered with the State in accordance with Section or Section , Florida Statutes.

36 Florida Statute 468 Regulations of Code Officials Responsibilities of building code administrators, plans examiners, and inspectors. (1) It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems within the boundaries of their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code.

37 WHAT IS REQUIRED TO OBTAIN A PERMIT? Permit Application as required under Florida Statute section (signed by person performing the work, licensed contractor and the property owner, both signatures notarized). Two sets of plans/drawings signed and sealed by a registered architect or engineer. Occupancies by Group Classification must be on plans and permit application. All plans must include folio number and property address. Amended plans, in addition to the above, must also include permit number. Structural Calculations signed and sealed by a Florida licensed engineer or architect. Current survey of the property. Certificate of Elevation signed and sealed by a Florida license Surveyor if the property is located on a special flood hazard area or if enclosing a garage or storage room outside the special flood hazard area. Three sets of energy calculations, signed and sealed, if applicable. Two sets of signed and sealed by Florida license engineer roof truss shop drawings with calculations. Miami Dade County or State of Florida Products Approvals for roof systems, sheds, windows, exterior/garage doors, aluminum carports, screen enclosures, shutters awnings, skylights, etc. Approvals from HRS, Dade County Impact Fee Section, Fire Department & Health Department (when applicable), DERM. Warranty Deed or Other Proof of ownership if necessary.

38 NEW BUILDINGS Requires compliance with the latest edition of the adopted State Code. Requires review from all trades and all applicable outside agencies. EXISTING BUILDINGS Requires compliance with the latest edition of the adopted Building Code for existing buildings. Requirements are determine depending on the type of work and level of alteration. May require review from outside agencies depending on the scope of work.

39 FLOOD REQUIREMENTS FEMA Regulations New buildings need to comply with elevation requirements. Existing Buildings. If your home or business is below the 100-year flood elevation, also known as the Base Flood Elevation (BFE), FEMA has flood damage prevention regulations that may affect how you remodel, renovate, or add on to your building.

40 OUTSIDE AGENCIES DERM (Department of environmental research management): Regulates environmental issues such as waste, trees, contamination, etc. HEALTH DEPARTMENT: Regulates onsite sewage systems. WASA: Regulates water and sewer. FIRE DEPARTMENT: Regulates fire safety and egress on commercial property and multifamily buildings. IMPACT FEE SECTION: Collects fees associated with the impact of each property. STATE OF FLORIDA DBPR HOTELS AND RESTAURANTS: Regulates both. STATE OF FLORIDA AGRICULTURAL DEPARTMENT: Regulates food service establishments not regulated by DBPR.

41 Your Application is Approved! Now what? Inspections Inspection requirements are based on the type of permit for the project. Some of the inspection requirements are noted on the permit instruction sheets. Open Permits Permits are good for 6 months from the date of issuance or from the date of the last approved inspection. Make sure that your permit is closed once a final inspection has been approved by asking for a printout of the permit history for your property or by visiting our website.

42 Councilman MacAdam Glinn Village Manager: Mr. Tom Benton Planning & Zoning Director: David Dacquisto Communications Specialist: Mrs. Elizabeth Keeley Miami Dade County Code Compliance Specialist: Mr. Eduardo Fernandez

43 Visit our website anytime at for answers to many of your Permit Questions.

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