Chapter 320 - GENERAL PROVISIONS

Subtitle A - BUILDING CODE Chapter 321 - ADOPTION OF BUILDING CODE Chapter 320 - GENERAL PROVISIONS[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2001-1160-E, § 1, effective December 18, 2001, amended the Code by repealing former Ch. 320, §§ 320.101—320.105, 320.201—320.204, 320.301—320.307, 320.401—320.416, 320.501—320.507, 320.601—320.604, 320.701—320.705, 320.801—320.807, 320.901, and 320.1001—320.1004, and adding a new Ch. 320 to read as herein set out. Former Ch. 320 pertained to similar subject matter, and derived from the following ordinances: 71-342-174; 71-700-400; 72-441-211; 72-892-553; 72-893-435; 72-1140-633; 72-1206-631; 73-184-51; 73-388-180; 73-929-433; 74-58-59; 74-145-247; 74-1037-489; 75-102-88; 75-171-131; 75-1178-559; 75-1187-598; 77-793-412; 77-1114-621; 77-1150-593; 79-956-543; 83-591-400; 84-753-460; 85-211-191; 85-1137-645; 85-1199-635; 85-1342-721; 86-664-351; 86-1523-871; 87-352-168; 87-746-454; 88-254-107; 88-668-397; 88-1529-781; 89-864-398; 89-872-405; 89-1185-673; 90-207-98; 90-1243-550; 91-285-114; 91-881-384; 91-1152-463; 92-159-80; 92-264-286; 93-174-1054; 93-728-792; 93-1265-800; 95-1192-743; 96-689-431; 98-673-E; 2000-979-E; 2001-224-E; and 2001-732-E.

PART 1. - ADMINISTRATION; TITLE, PURPOSE AND SCOPE

Sec. 320.101. - Short title.

Chapters 320 through 326, constituting Subtitle A, shall be known and may be cited as The Jacksonville Building Code Administrative Section. It will be referred to in this Subtitle as this building code. This building code shall be supplementary to Chapter 1 of the Florida Building Code.

(Ord. 2001-1160-E, § 1)

Sec. 320.102. - Maintenance and use of buildings and property.

(a)

With respect to buildings:

(1)

The requirements contained in this building code, covering the maintenance of buildings, shall apply to all buildings and structures now existing or hereafter erected. All buildings and structures and all parts thereof shall be maintained in a safe condition and all devices or safeguards which are required by this building code shall be maintained in good working order.

(2)

It shall be unlawful to maintain, occupy or use a building or structure or to use an electrical, mechanical, plumbing, gas or other equipment or fixture which has been erected, altered, added to, installed or extended in violation of the provisions of this building code. No building or structure shall be occupied or used unless it is in a safe and habitable condition as prescribed in this building code.

(3)

This subsection shall not be construed as permitting the removal or non-maintenance of existing devices or safeguards unless authorized by the Building Official.

(b)

No debris of any kind shall remain on a lot or on a sidewalk or street contiguous thereto, resulting from a fire or windstorm or from demolition or partial demolition of a building; nor shall equipment, excess building materials, storage sheds or debris remain upon the lot, sidewalk or street upon completion of a new building upon the lot; nor shall equipment, materials, toolsheds or debris be stored on a vacant or partially vacant lot, except as provided for in the Zoning Code. It is hereby made the duty of the owner or his agent to remove or cause to be removed from the sidewalk, street or lot all the equipment, materials, toolsheds and debris within five days after written notice by the Building Official. For failure to comply with the notice after the period of five days, the owner and/or permit holder is subject to the penalties specified in Section 320.706.

(c)

During a period of time designated by the United States Weather Bureau as being a hurricane warning or alert, the owner, occupant or user of property shall take precautions for the securing of buildings and equipment. All furniture, display racks, material and similar loose objects in exposed outdoor locations shall be lashed to rigid construction or stored in buildings. Canvas awnings and swing signs shall be taken down and stored or lashed to the ground and such other precautions shall be taken for the securing of buildings, structures, material or equipment as may be reasonably required.

(d)

Obstructing flow of water. It shall be unlawful for any owner, custodian, agent, lessee, trustee or occupant of any real property within the City to construct, allow, or permit any obstruction to the flow of water, including but not limited to logs, land fills, dams, partial dams, leaves, trash, building materials, and garbage, to remain in any natural or artificial waterway or drainageway or their adjacent floodplains on such property for more than ten days after having received actual or constructive notice of the existence of such obstruction upon such property by certified mail or personal service from or at the direction of the Director of Public Works. The provisions of this Section shall not apply to the filling or excavation of land located in or bordering on navigable waters of the State of Florida if such activities are regulated by F.S. Ch. 253, or other State or local laws relating to the filling or excavating of such lands.

(Ord. 2001-1160-E, § 1)

Sec. 320.103. - Wind zones.

The Florida Building Code specifies three different Risk Categories of structures for Ultimate Design Wind Speed and provides a different wind speed map for each category. The Florida Building Code also requires each municipality to set the location of the wind speed demarcation lines by ordinance using recognizable physical landmarks. At the south end of Duval County, the demarcation line shall start in the middle of the St. Johns River at the south end of Duval County, run north up the center of the St. Johns River to the intersection of the St. Johns River and Interstate 95 on the Fuller Warren Bridge, then proceed north along Interstate 95 to the northern Duval County line.

For Risk Category I structures as set forth in the Florida Building Code, the wind speed west of the demarcation line shall be 115 miles per hour and east of the demarcation line 120 miles per hour.

For Risk Category II structures as set forth in the Florida Building Code, the wind speed west of the demarcation line shall be 125 miles per hour and east of the demarcation line 130 miles per hour.

For Risk Category III and Risk Category IV structures as set forth in the Florida Building Code, the wind speed west of the demarcation line shall be 135 miles per hour and east of the demarcation line 140 miles per hour.

An applicant for a building permit may choose to interpolate from the actual wind speed maps instead of using those parameters noted above. In such instance a location map with the wind speed interpolation calculations shall be provided by a licensed engineer or architect.

(Ord. 2001-1160-E, § 1; Ord. 2003-1007-E, § 1; Ord. 2012-214-E, § 1)

Sec. 320.104. - Fire limits defined.

Whenever the term fire limits or fire zone is used in this building code or a supplementary code, it shall be held to include the territory bounded by lines set forth as follows: Beginning at a point which is the intersection of the extension of the centerline of Third Street with the centerline of the right-of-way of Interstate 95; thence southerly along the centerline of Interstate 95 and the centerline of Interstate 10 to a point at the intersection of the centerline with the extension of a line which is 100 feet west of the westerly right-of-way line of Margaret Street; thence southerly along a line which is 100 feet west of and parallel to the westerly right-of-way line of Margaret Street into the St. Johns River; thence easterly on a line across the St. Johns River to a point where the extension of the centerline of Landon Avenue enters the St. Johns River; thence easterly along the centerline of Landon Avenue to a point which is 100 feet southwesterly of the southwesterly right-of-way line of San Marco Boulevard; thence southeasterly along a line 100 feet southerly of and parallel to the southerly right-of-way line of San Marco Boulevard to its intersection with the extension of a line which is 100 feet south of a line parallel to the southerly right-of-way line of Alford Place; thence northeasterly along a line 100 feet south of a line parallel to the southerly right-of-way line of Alford Place to its intersection with the centerline of the right-of-way of the Florida East Coast Railway; thence northwesterly along the centerline of the right-of-way of the Florida East Coast Railway to its intersection with a line 100 feet south of a line parallel to the southerly right-of-way line of Atlantic Boulevard to a point at its intersection with the centerline of the right-of-way of Interstate 95; thence northwesterly along the centerline of Interstate 95 to a point at its intersection with the centerline of Montana Avenue; thence northerly along the centerline of Montana Avenue into the St. Johns River; thence northeasterly on a line across the St. Johns River to a line which is the southerly extension of a line which is 100 feet east of and parallel to the easterly right-of-way line of Florida Avenue; thence northerly along a line which is 100 feet east of and parallel to the easterly right-of-way line of Florida Avenue to a line which is 100 feet south of and parallel to First Street; thence easterly along a line which is 100 feet south of and parallel to the southerly right-of-way line of First Street to a line which is 100 feet east of and parallel to the easterly right-of-way line of Florida Avenue North of First Street; thence northerly along a line which is 100 feet east of and parallel to the easterly right-of-way line of Florida Avenue to its intersection with the centerline of Third Street; thence westerly along the centerline of Third Street and extensions thereof to the point of beginning. The fire limits map is depicted on the page following Section 320.1001.

(Ord. 2001-1160-E, § 1; Ord. No. 2002-263-E, § 1)

Sec. 320.105. - Passive radon area limits.

(a)

The area surrounded by the following roads shall be considered the passive radon area limits: Starting at the intersection of J. Turner Butler Boulevard and Kernan Boulevard, proceed north on Kernan Boulevard to McCormick Road; proceed west on McCormick Road to Monument Road; proceed west on Monument Road to the intersection of Monument Road, Atlantic Boulevard, and Live Oak Drive; proceed south on Live Oak Drive to Forest Boulevard; proceed south on Forest Boulevard to Forest Boulevard South; proceed directly south from this point along the JEA easement to Gate Parkway North; proceed east along Gate Parkway North to J. Turner Butler Boulevard; proceed east on J. Turner Butler Boulevard to Kernan Boulevard.

(b)

All residential new construction performed in the passive radon area limits shall comply with Appendix B, Florida Standard for Passive Radon-Resistant New Residential Building Construction, of the Florida Building Code.

(Ord. 2001-1160-E, § 1)

PART 2. - TESTS AND APPROVALS

Sec. 320.201. - Appeal.

A person whose request for an alternate type of construction and materials or method of design has been refused by the Building Official and a person in whose considered opinion an action of the Building Official either in approving or disapproving construction under this building code does not satisfy the standards of this building code for reasons of safety, quality or strength, may appeal the action by the Building Official to the Building Codes Adjustment Board as specified in Part 8.

(Ord. 2001-1160-E, § 1)

PART 3. - ORGANIZATION AND ENFORCEMENT

Sec. 320.301. - Building Inspection Division.

This building code shall be enforced by the Building Inspection Division, under the supervision of the Chief of Building Inspection.

(Ord. 2001-1160-E, § 1)

Sec. 320.302. - Employees of Building Inspection Division.

(a)

The Building Inspection Division ("Division") shall consist of the personnel required to perform its duties and shall include the assistants, engineers, clerks, inspectors and others as may from time to time be authorized and appointed as provided by law, all of whom shall be subject to the civil service laws and regulations of the City. Each person so employed within the Division on a permanent full-time basis, including the Chief of Building Inspection shall give his entire time during normal working hours to the performance of the duties thereof and shall not at any time be financially interested in or engaged in or directly or indirectly connected with the furnishing or soliciting of the furnishing of drawings, specifications, designs, labor, materials, appliances or equipment for the construction, alteration or maintenance of any building or structure, including installations therein, for others within the City; nor shall an employee engage in work which conflicts with his official duties or with the interest of the Division.

(b)

The Building Official may designate chief inspectors to administer the provisions of the Building, Electrical, Gas, Mechanical and Plumbing Codes. Each chief inspector shall have at least ten years experience or equivalent, as an architect, engineer, inspector, contractor or superintendent of construction, or any combination of these, five years of which shall have been in responsible charge of the work. They should be certified through a recognized certification program for the appropriate trade.

(c)

The Building Official may appoint or hire such number of officers, inspectors, assistants and other employees as shall be approved and authorized from time to time. A person shall not be appointed or hired as inspector of construction who has not had at least five years experience as a building inspector, engineer, architect, or as a superintendent, foreman or competent mechanic in charge of construction. The inspector shall be certified through a recognized certification program for the appropriate trade.

(d)

The Building Official may designate as his deputy an employee in the department who shall, during the absence or disability of the Building Official, exercise all the powers of the Building Official. The Deputy Building Official should have the same qualifications as the Building Official.

(Ord. 2001-1160-E, § 1)

Sec. 320.303. - Duties and powers of Chief of Building Inspection.

(a)

The Chief of Building Inspection shall have the power to delegate to subordinate employees any authority or duty and the delegated employees shall have full authority to act on behalf of the Chief. Whenever the terms Chief, inspector, administrative official and Building Official are used in this Chapter or in any provision of this building code which is within the responsibility of the Building Inspection Division, they shall include the Chief and the delegated employees.

(b)

The Building Official is hereby authorized and directed to enforce the provisions of this building code and all applicable laws and regulations which pertain to the Building Inspection Division. He shall receive applications, issue permits, make inspections and perform related duties required to determine that the provisions of the laws, codes and regulations are complied with. He shall, when requested by proper authority or when the public interest so requires, make investigations in connection with matters assigned to the Division and render written reports on them. He shall issue notices or orders necessary to enforce compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit and fire protection facilities in buildings or structures.

(c)

Whenever necessary to make an inspection to enforce any of the provisions of this building code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing system unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this building code. All other entry shall be with the consent of the owner or occupant of the building, structure or premises or, in the case of nonconsent, by search warrant, inspection warrant or court order.

(d)

Whenever construction work is being done contrary to law or is being done in an unsafe or dangerous manner or whenever a building, structure, land or premises is being used or occupied in violation of the law, the Building Official may order the work, use or occupancy stopped and may order the violation corrected within a reasonable period of time, by notice in writing specifying the violation served on the owner of the property, or to his agent, or to the person or persons doing or causing the work or violation, and shall state the conditions under which the work may be resumed; and the persons shall immediately stop the violation until arrangements have been made to comply with applicable law. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work.

(e)

The Building Official shall keep comprehensive records of applications, permits and certificates issued, complaints filed, inspections made and notices or orders issued. He shall retain on file copies of required drawings and all documents related to construction work so long as any part of the building or structure to which they relate may be in existence, except that original copies of drawings and documents which have been microfilmed may be disposed of as provided in Part 2, Chapter 124. Documents and records not related to the construction of buildings or structures may be disposed of pursuant to Part 2, Chapter 124.

(f)

The Building Official shall have the power to waive the provisions of this building code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of existing buildings or structures designated as landmarks or contributing structures pursuant to Chapter 307, Ordinance Code, when such buildings or structures are judged by the Building Official to be safe and the proposed construction, alteration, repair, enlargement, restoration, relocation or moving is in the best interest of the public health, safety and welfare. Prior to making a determination not to waive the provisions of the building code, the Building Official shall confer with the Jacksonville Historic Preservation Commission.

(g)

Exigent circumstances. When the Building Official receives notice or otherwise determines that any building, structure, premises, electrical, gas, mechanical or plumbing system presents an imminent and serious threat to the life and safety of the occupants and/or the public, the Official shall immediately make diligent efforts to contact the occupants and the owner of the property through reasonable means (which may include telephone or personal notification) in an effort to correct the threat to public safety. However, nothing herein shall prevent the Building Official from inspecting any condition to verify proper corrective actions have been taken, nor does it relieve a property owner or other individual from obtaining any permits or other approvals necessary to do corrective work.

In exigent circumstances, where advance notice is impractical, and the threat to public safety is so immediate and severe that delay poses a threat to the public safety, the Building Official may order all occupants removed from the building, structure or premises, utility service to the unsafe or hazardous condition(s) terminated, and/or further occupancy contingent on correction of the unsafe or hazardous condition(s) or code violation(s).

For purposes of this subsection, the circumstances supporting the determination that an immediate threat exists to the life and safety of the occupants and/or the public are those, in the opinion of the Building Official, which would justify the entry of an emergency ex parte injunction, without notice, in a Circuit Court proceeding for abatement of a public nuisance. The exercise of this authority is not intended to be routine, but shall be reserved for those instances in which advance notice is impractical and the threat to public safety constitutes a true emergency.

Electrical service shall not be terminated except in those instances where the electrical service itself presents an imminent danger to public safety or where the risk of spark or explosion is present, or to prevent further occupancy of any unsafe structure.

The mere existence of a code violation for a failure to secure permits shall not justify an order to vacate under this subsection. In those circumstances, the Building Official may initiate any enforcement process authorized by law to correct any such violation.

In all cases in which the Building Official has ordered all occupants removed from the building, structure or premises, or utility service to the unsafe or hazardous condition(s) terminated, the Building Official shall give written notice to the property owner and the occupants of the Official's actions within two (2) business days of the issuance of the order (excluding Sundays and legal holidays).

The notice shall include the following:

(1)

The street address, if any, and a legal description of the property;

(2)

A description of the building or structure or portion(s) thereof which constitutes the unsafe or hazardous condition;

(3)

A statement of the particular defects, code violations or circumstances which justified the immediate action to protect the health and safety of the public or occupants of the property; and

(4)

That the property owner shall have an opportunity to contest the Building Official's actions to abate the unsafe or hazardous condition(s) or code violation(s), upon appeal of such determination within 5 days to the Special Master.

The notice required by this Section shall be mailed by certified or express mail or hand delivered to each owner, lessee and occupant of the structure as shown by the public records of Duval County, and shall also be mailed to the owner's agent if such agent's name and address is on file in the Property Appraiser's Office as shown on the latest tax roll.

(h)

If a petitioner requests a hearing under this Section, the filing of that request shall automatically stay the effect of the vacate order and/or order terminating electrical service and the parties shall be restored to the status quo ante the issuance of the Building Official's Order, unless the Building Official who entered the Order certifies in writing, under oath that, by reason of facts stated in the certificate, a stay would cause an imminent threat to life and safety. In the case of a certificate filed according to the previous sentence, the stay shall be terminated, the order to vacate / order to terminate utilities shall remain in effect, and the parties shall not be restored to the status quo ante. A copy of the Building Official's certificate shall be provided to the appealing party by mail on the same day that it is filed with the Special Master.

(i)

In the event that the Building Official has filed a certificate stating that an immediate threat to life or safety exists, a hearing will be scheduled within two (2) business days before the Special Master. The hearing may not be continued unless the appealing party consents to the continuance.

The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed.

After hearing evidence, the Special Master may quash the order to vacate and/or order to terminate electrical power; may continue the order(s) in effect; and/or may refer the matter for proceedings under Chapter 162, including the imposition of fines. The Special Master shall issue his ruling on the same day that the hearing is held. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail.

(j)

In those circumstances where the Building Official has not filed a sworn certificate justifying the lifting of the automatic stay, a hearing shall be scheduled before the Special Master at the next available Special Master hearing.

The City shall bear the burden of proving that an imminent peril to life and safety justifies the order to vacate / order to terminate electrical service and that any other available enforcement mechanism will not adequately protect the public health and safety in light of the emergency. Testimony shall be taken under oath and the provisions generally governing hearings before the Special Master, including subpoenaing witnesses, presenting evidence and cross-examination, shall be observed.

After hearing evidence at the hearing, the Special Master may quash the order to vacate and/or order to terminate electrical power; may continue the order(s) in effect; and may refer the matter for proceedings under Chapter 162, including the imposition of fines. Upon entry, a copy of the Special Master's decision shall be mailed to the parties by U.S. mail.

(k)

Nothing herein shall prevent the City from referring any violation of the City's codes to the Special Master sitting as the Code Enforcement Board for proceedings under Chapter 162 of the Florida Statutes or any other enforcement mechanism available by law. In addition, nothing herein shall prevent the City from pursuing condemnation, abatement of a public nuisance, or any other administrative or judicial remedies that may be available to remedy any code violations or threats to public safety.

(Ord. 2001-1160-E, § 1; Ord. 2010-329-E, § 1)

Sec. 320.304. - Compliance required with applicable law as to official action by Building Official.

It shall be the duty and responsibility of the Building Official to determine compliance with applicable laws prior to the issuance of a permit, certificate, authorization of utility service connection or re-connection when related to non-compliance, approval or other official action taken by him which authorizes the construction, alteration, equipping, use or occupancy of a building, structure, land or premises. He may require an applicant for a permit, certificate or approval to provide the information required by law or reasonably necessary to verify compliance. The issuance of a permit, certificate, approval or other official action shall not be construed to authorize a violation of law and the Building Official shall have the power to revoke or suspend the permit, certificate, approval or other official action which has been previously approved in error.

(Ord. 2001-1160-E, § 1; Ord. 2018-347-E, § 1)

Sec. 320.305. - Concealed work.

The Building Official may order portions of the structural frame of a building or structure to be exposed for inspection when, in his opinion, there is good reason to believe that a building or portion thereof is in an unsafe or dangerous condition or that there is willful or negligent concealment of a violation of this building code.

(Ord. 2001-1160-E, § 1)

Sec. 320.306. - Liability.

Any officer or employee, or member of the Building Codes Adjustment Board, charged with the enforcement of this building code, acting on the City's behalf in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties.

(Ord. 2001-1160-E, § 1)

Sec. 320.307. - Persons with disabilities parking space and accessibility enforcement.

(a)

The requirements of this Building Code and the Florida Accessibility Code for Building Construction applicable to size, number, location, marking and signage of motor vehicle parking spaces and accessibility for persons with disabilities shall be enforced as follows:

(1)

By the Municipal Code Enforcement Board pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code;

(2)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code; and

(3)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction.

(b)

The Public Parking Division and Director of the Parks, Recreation and Community Services Department are hereby authorized to provide additional enforcement of the building code with respect to the requirements for parking spaces for disabled persons under Section 321.102(a)(1) of the building code.

(c)

The Director of the Parks, Recreation and Community Services Department is hereby authorized to provide additional enforcement of the building code with respect to the requirements for reasonable access for persons with disabilities under Section 321.102(b)(1) of the building code.

(Ord. 2001-1160-E, § 1; Ord. 2002-869-E, § 1; Ord. 2004-429-E, § 15; Ord. 2011-732-E; Ord. 2013-209-E, § 40)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

PART 4. - PERMITS

Sec. 320.401. - When required.

Permits are required as stated in this building code and the Florida Building Code. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provide that such repairs shall not violate any of the provisions of the Florida Building Code.

(Ord. 2001-1160-E, § 1)

Sec. 320.402. - Application for permit.

(a)

If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing equipment and other systems, including materials and labor based on fair market value.

(b)

The qualifications of an applicant shall be determined as follows:

(1)

Except as provided in subsections (b)(2) and (3) of this Section, an application for a permit shall be accepted from and a permit may be issued only to a contractor who is qualified to perform the kind of work included in the particular permit for which application is made. Where applicable, the contractor shall be qualified by holding a current certificate of competency issued by the Construction Trades Qualifying Board pursuant to Chapter 342 and shall be registered with the Florida Department of Business and Professional Regulation, or hold a current certificate of competency issued pursuant to F.S. Ch. 489. Only a general, building or residential contractor (as defined in F.S. Ch. 489) who holds a current certificate of competency issued pursuant to F.S. Ch. 489 or who was registered pursuant thereto prior to September 17, 1973 or under a file number lower than RG0015500 shall be deemed to meet the qualification requirements of this Part as applied to general, building or residential contractors. Only a roofing contractor, commercial pool, residential pool or swimming pool service contractor who holds a current certificate of competency issued pursuant to F.S. Ch. 489, or who was registered pursuant thereto prior to the April 15, 1985 (or August 4, 1987 for a roofing contractor), or a commercial pool, residential pool or swimming pool service contractor who held a local occupational license as such as of April 15, 1985, shall be deemed to meet the qualification requirements of this Part as applied to a roofing contractor or commercial pool, residential pool or swimming pool service contractors; provided, however, in order for a roofing contractor, who is registered pursuant to F.S. Ch. 489, to obtain a permit after August 4, 1987, he shall be required to obtain the same types and amounts of insurance coverage as are required for a certified roofing contractor under the Florida Statutes and shall submit satisfactory proof of such insurance at the time the permit is requested. The insurance company providing such insurance shall notify the Chief at least 15 days in advance of the lapse or cancellation of any such insurance policy. Certified general contractors having a file number of CG007837 or less may be granted roofing permits without meeting the provisions herein contained if they are prequalified as both general and roofing contractors by the Florida Department of Business and Professional Regulation under such file numbers. Where a master craftsman, qualifying agent or other person is specifically required by law to supervise or perform the work to be included under the permit, the application shall be signed by this person.

(2)

A maintenance craftsman may obtain a permit for work to be done by him where the work is in the same category as the craftsman certificate held by the maintenance craftsman and where the work is limited to the maintenance and minor repairs to systems, apparatus and equipment, provided the work is limited to the premises at one location or one address owned or occupied by his employer.

(3)

Stand Alone active permits of all trades and Base Building active permits that have gone over 180 days without an approved inspection will be suspended. Suspended permits may be reactivated for a maximum of an additional 180 days upon a showing of just cause and payment of a reactivation fee as found in www.coj.net/fees. The Building Inspection Division shall not accept applications for permit from contractors who have more than four suspended permits until such time as the contractor has reactivated all of the suspended permits, and the contractor's qualifier has appeared in person at the Building Inspection Division Office and paid a Reinstatement Fee as found in www.coj.net/fees. The Reinstatement Fee shall be separate from and in addition to any fees paid for reactivation of suspended permits. The provisions of this subsection may be waived by the Chief upon a showing of good cause.

(c)

An application for a permit may be accepted from a contractor, however, no permit shall be issued for a use which requires a certificate of use, without first obtaining a valid certificate of use for the proposed use.

(d)

In addition to the foregoing procedures, the following procedures shall further govern applications for sign permits required under Chapters 320 and 326:

(1)

No person shall apply for a sign permit unless he or she first has obtained the written permission of the owner, authorized agent of the owner or other person(s) in lawful possession of the site designated as the location of the sign in the permit application; and the Division shall process no sign permit application without such written permission being attached to it.

(2)

A permit shall be required for each sign. As part of each sign application, the applicant shall certify in a notarized statement that:

(i)

All the information provided in the application is true and correct; and

(ii)

The written permission of the owner or other person in lawful possession of the site designated as the location of the sign in the application has been obtained and is attached to the application.

(3)

Permit applications shall be acted upon by the Division within ten working days after their submission. The Division shall verify that all proposed signs meet the requirements of this Chapter; that the proposed construction specifications and standards also meet the requirements of The Florida Building Code and Part 2 of Chapter 326; and that the signs are permissible for the zoning district involved under the provisions of Chapter 656, Part 13, before a permit is issued.

(4)

Signs exempt under Chapter 656, Part 13, and under Section 326.103, also are exempt from the application and permit process of this Chapter unless specific size or location limitations are established for them in a zoning district in Section 656.1303, in which latter case the application and permit process shall apply.

(e)

All repairs, renovations or alterations of existing swimming pools and spas, including water falls, water features and fountains must be contracted by a State of Florida certified or registered swimming pool/spa contractor or a swimming pool/spa servicing contractor and must be permitted by the Building Inspection Division.

(Ord. 2001-1160-E, § 1; Ord. 2005-1355-E, § 1; Ord. 2008-702-E, § 1; Ord. 2017-665-E, § 19)

Sec. 320.403. - Approval of other authorities.

In addition to verifying compliance with this building code, the Building Official shall require that the laws, rules and regulations of any other regulatory authority having jurisdiction, where the laws, rules and regulations are applicable and are known to him, shall be satisfied before a permit is issued. He shall require such evidence as in his opinion is reasonable to show the other approvals. The Building Official shall not thereby be held responsible for enforcement of the other regulations he is not specifically authorized to enforce. Following are some, but not necessarily all, of the other agencies having jurisdiction:

(a)

The Public Works Department and Sheriff's Office for the moving of buildings, structures and heavy equipment over, temporary construction over, storage of material on, construction operations over, or temporary blocking of streets or other public spaces.

(b)

The Fire Operations Division for the burning of construction or demolition waste or the use or storage of explosives.

(c)

The Public Works Department for the discharge of rainwater or other water runoff on streets or into storm sewers, for compliance with subdivision regulations and for other regulations as may be established from time to time.

(d)

The Neighborhoods Department for:

(1)

The adequacy of waste treatment plants receiving waste from a building or premises where the waste discharges through a privately-owned sewerage system.

(2)

Waste treatment and disposal systems, including septic tanks.

(3)

Places where food or drink is prepared or served to the public.

(4)

Private water supply and supply or disposal wells.

(5)

Commercial swimming pools.

(6)

Air pollution.

(7)

Trailer parks.

(8)

Chemical toilets.

(9)

The ash management review program for compliance with the Ash Management Plan prepared by the Regulatory Compliance Department and approved by the U.S. Environmental Protection Agency ("EPA") for those properties located within those areas assigned EPA Site Identification Numbers FLD980847016 (Brown's Dump) and FLSFN0407002 (Jacksonville Ash Sites, i.e., Forest Street Incinerator Site, 5 th & Cleveland Streets Incinerator Site, and Lonnie C. Miller, Jr., Park) (the "Brown's Dump" and "Jacksonville Ash Sites").

(e)

The State Division of Hotels and Restaurants for the construction, alteration or addition to multiple-residential rental units or places where food or drink is prepared or served to the public.

(f)

Federal regulations limiting construction during periods of national emergency.

(g)

The Public Works Department, Corps of Engineers and the State for bulkheads, docks, similar construction or fill along waterfront property. The Building Official is responsible to permit all structures above the waterline not covered by a Corps of Engineers permit.

(h)

The Planning and Development Department or Planning Commission for those projects required by the Zoning Code to contain their approval.

(i)

No permit for a hospital or nursing home project that involves the addition of beds by new construction, expansion or conversion to new uses of existing facilities, which addition will increase bed capacity of the facility by five percent or more, shall be issued until a certificate of need has been issued approving the issuance of the permit.

(j)

The Public Works Department for the purpose of floodplain regulation permitted under Chapter 652.

(Ord. 2001-1160-E, § 1; Ord. 2008-513-E, § 1; Ord. 2011-230-E, § 1; Ord. 2011-732-E; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 320.404. - Partial approval.

Pending the completion of checking of plans and specifications, the Building Official, at his discretion, and upon payment of the required fee, may authorize the issuance of a temporary permit for site preparation, excavation and construction below grade or for the foundation only. The holder of the temporary permit shall proceed only at his own risk and without assurance that a permit for the remainder of the work will be granted or that corrections will not be required in order to meet provisions of technical codes.

(Ord. 2001-1160-E, § 1)

Sec. 320.405. - Approved plans.

(a)

The Building Official shall retain one set of the approved plans and the other set shall be kept at the building site in a weatherproof container and available to the Building Official at all reasonable times. The Building Official may stop the work if the plans are not available at the building site.

(b)

Approved plans and amendments thereto retained by the Building Official shall become a part of the public records.

(c)

All work performed under a permit issued by the Building Official shall conform to the approved application and plans and approved amendments thereto. The location of all new construction as shown on the approved plot plans or an approved amendment thereto shall be strictly adhered to.

(Ord. 2001-1160-E, § 1)

Sec. 320.406. - Moving of building and structures.

(a)

Before a building permit for moving a building or structure within or into the City is approved or issued, the building or structure shall be inspected by the Building Official, upon request of the owner or his agent, and the Building Official shall ascertain that this building code and all other laws applicable thereto will be satisfied.

(b)

An application for a permit shall be submitted in the form prescribed by the Building Official and shall be accompanied by such plans or other data as, in the opinion of the Building Official, are necessary to show compliance with the building code and the Zoning Code.

(Ord. 2001-1160-E, § 1)

Sec. 320.407. - Demolition.

(a)

An application for a building permit for the work of demolition of a building or structure, if the building or structure is over 15 feet in extreme height above grade, or a wall which is over 40 feet in horizontal length, shall be accepted only from qualified persons or firms as established by law. Upon request from the Building Official, a written demolition plan shall be submitted for review.

(b)

Demolition of any building or structure in the Consolidated City of Jacksonville, excluding the Second, Third, Fourth and Fifth Urban Services Districts, individually listed on the National Register of Historic Places, determined to be eligible for individual listing on the National Register of Historic Places ("deemed eligible"), subject to the notice requirements contained herein, or which is a contributing structure within a historic district listed on the National Register of Historic Places shall be reviewed by the Jacksonville Historic Preservation Commission before a permit is issued, pursuant to this subsection (b).

(1)

An application for demolition permit for properties defined in subsection (b) shall include the reason for demolition, documentation of any effort that has been made to save the structure, and a copy of the most recent Property Appraiser card.

(2)

Within 60 calendar days, the Historic Preservation Commission shall issue a final decision on the subject of demolition. If the Commission votes to deny the demolition permit application, at the next meeting after it considered the demolition request, so long as the next meeting is no less than 21 days following, (unless the Applicant has requested a continuance or deferral), it shall also issue an advisory recommendation to the City Council on the structure's landmark status utilizing the criteria and procedures in 307.104. The Historic Preservation Commission shall call a special meeting to meet the 60-calendar day deadline, if necessary. If the Historic Preservation Commission fails to meet this deadline, the demolition permit application shall be considered granted. If the Historic Preservation Commission elects to grant the demolition permit application, such decision shall constitute the final action by the City, and the Commission shall not consider landmarking status for the structure.

(3)

The property owner may appeal the decision of the Historic Preservation Commission concerning demolition applications to the City Council. Such appeal shall be filed within 14 calendar days from the date of the Commission meeting. Notice of the appeal shall be provided to the applicant and all parties who spoke at the Commission meeting. The General Counsel's office shall prepare legislation concerning the appeal for introduction at the next City Council meeting, which may be considered by both the LUZ Committee and then the Council on an emergency basis.

(4)

For positive recommendations of landmark status by the Commission, the LUZ Committee and City Council shall review all recommendations at their respective next regularly scheduled meetings, with notice to all parties. If either the Commission or the Council denies the landmark status, the demolition permit shall automatically issue.

(5)

Owners of property currently listed as eligible and still qualify for individual listing shall receive written notice explaining the ramifications of this status, including the additional review requirements before demolition and potential benefits, if the property is ultimately designated as a landmark (tax credits, etc.). The notice letter shall be prepared by the Historic Preservation Section of the Planning and Development Department and signed by the Planning and Development Department Director. The original form of the notice letter is subject to the review and approval of the Council President. Property owners may appeal their "eligible for individual listing" status by filing a written objection with the Commission within 45 days of the date they received the above notification. The Commission shall determine whether the property shall remain on the "eligible" list within 90 days of receipt of the written objection. If the Commission determines that the property should be removed from the eligible list, the Commission shall issue a written final order effective on the day of the decision directing the Planning and Development Department to remove the property from the list immediately. In the event the Commission determines the property is of such significance as to remain on the eligibility list, the Commission shall, within 90 calendar days of such determination, make a decision concerning the structure's eligibility for landmark status, pursuant to the procedures and criteria contained in Chapter 307, Ordinance Code. At the conclusion of all notice and appeals processes, the Historic Preservation Section shall notify the Real Estate Division of the eligible property and the Real Estate Division shall record a notice of the eligible property's listing in the public records of Duval County in a form acceptable to the Real Estate Division and the Office of General Counsel.

(6)

Owners of property on any future list of eligible properties shall receive written notice explaining "eligible for individual listing" status, including the additional review requirements before demolition and potential benefits, if the property is ultimately designated as a landmark (tax credits, etc.). The notice letter shall be prepared by the Historic Preservation Section of the Planning and Development Department and signed by the Planning and Development Department Director. The original form of the notice letter is subject to the review and approval of the Council President. Property owners may appeal their "eligible for individual listing" status by filing a written objection with the Commission within 45 days of the date they received the above notification. The Commission shall determine whether the property shall remain on the "eligible" list within 90 days of receipt of the written objection. If the Commission determines that the property should be removed from the eligible list, the Commission shall issue a written final order effective on the day of the Commission decision directing the Planning and Development Department to remove the property from the list immediately. In the event the Commission determines the property is of such significance as to remain on the eligibility list, the Commission shall, within 90 calendar days of such determination, make a decision concerning the structure's eligibility for landmark status, pursuant to the procedures and criteria contained in Chapter 307, Ordinance Code. At the conclusion of all notice and appeals processes, the Historic Preservation Section shall notify the Real Estate Division of the eligible property and the Real Estate Division shall record a notice of the eligible property's listing in the public records of Duval County in a form acceptable to the Real Estate Division and the Office of General Counsel.

(7)

For properties defined in subsection (b) above other than those deemed eligible, the Historic Preservation Commission may make a non-binding advisory opinion as to the appropriateness of demolition within 45 calendar days of the permit application, and may exercise any other authority pursuant to Chapter 307, Ordinance Code. Demolition of contributing structures within a historic district designated pursuant to Chapter 307, Ordinance Code, shall not be commenced until the requirements of Chapter 307, Ordinance Code, have been met.

(c)

Before a demolition permit is issued, the owner or demolition contractor must supply a certified letter to the Building Inspection Division that the property will be well graded, drained, grassed and maintained within seven days after the structure is removed. If a written demolition plan has been submitted to the Building Official, no demolition permit shall be issued until the Building Official has reviewed and approved the plan.

(Ord. 2001-1160-E, § 1; Ord. 2002-511-E, § 1; Ord. 2005-1115-E, § 1; Ord. 2013-555-E, § 1)

Sec. 320.408. - Permits.

(a)

A building, electrical, gas, mechanical, plumbing or sign permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set for in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required.

(b)

No building, construction, electrical, plumbing, mechanical, sign, miscellaneous or other permit issued by the Building Inspection Division shall be valid until the fees prescribed by Section 320.409 have been paid to the Tax Collector and evidence of the payment is marked on the face of the permit.

(c)

In all cases where work for which a permit is required is commenced before the permit is obtained, except where specific permission is granted to proceed by the Chief, Building Inspection Division, the permit fee due the City for a permit for the work shall be twice the amount of the regular permit fee specified in Section 320.409 which would have been due had the permit been obtained prior to commencing work. Payment of the increased fee shall not be a defense in a prosecution for doing the work for which a permit is required without having obtained the necessary permit.

(d)

When extra inspection trips are made for a permit holder due to any of the following reasons, an additional fee to the fee for such permit as found in www.coj.net/fees, shall be charged for each additional inspection:

(1)

Wrong address given on the call for inspection.

(2)

Work not ready for inspection at the time specified, including failed inspections.

(3)

Required corrections not made within the time specified.

(4)

Failure to request required inspections.

(5)

Additional work done after the inspection has been made.

(e)

Where no work has been done under a valid permit for which the Building Inspections Division permit fees and the resource management and landscape fees have been paid and a written request for refund of fees is made by the holder thereof within six months of the date of original issuance, the Building Official may authorize the refund of 80 percent of the Building Inspection Division (BID) permit fee, Resource Management Fee, and Landscape Fee, upon surrender and cancellation of the permit; provided, that no refund shall be made for permits whose total permit fee is less than $30. No refund will be given for the plan review fee once the review has started.

(f)

The following work on a single-family residence may be performed without plan review or inspection by the Building Inspection Division. After the permit is paid for and Notice of Commencement submitted (when required), the permit will Auto Expire. The Building Inspection Division shall retain the right and option to perform such random inspections as may be deemed necessary to show compliance with the Florida Building Code:

(1)

Installation of water softeners.

(2)

Installation of electric water heaters.

(3)

Roofing repairs or reroofing not exceeding five squares or $2,500 in total cost.

(4)

All wood/vinyl/aluminum/cementitious siding replacement, or stucco repair, over wood frame construction, where the work involves less than 20 percent of any wall larger than 100 sf (including doors and windows), or the work involves only walls less than 100 sf (including doors and windows).

(5)

Replacement of light fixtures, switches, ceiling fans and receptacles.

(6)

Re-piping not exceeding $5,000 in total cost.

(7)

Installation of electric fireplaces.

(8)

Replacement of existing HVAC equipment, the installation cost of which does not exceed $5,000, when requested by the homeowner. This subsection does not include liquid propane, natural gas, or oil source equipment.

(9)

Repairs, renovations and alterations of existing swimming pools and spas except for changing of pump size and/or volume of water.

(g)

The following work on a single-family residence shall require plan review only by the Building Inspection Division and shall Auto Expire after the permit fee is paid and a Notice of Commencement submitted when required; provided, however, that the Building Inspection Division shall retain the right and option to perform such random inspections as may be deemed necessary to establish compliance with the Florida Building Code:

(1)

Window and/or door replacement not exceeding $5,000 in total cost.

(2)

Category I, II, and III sunrooms not exceeding 250 square feet in area and $5,000 in total cost. This does not include new Category I enclosures around swimming pools.

(3)

Construction or installation of single story accessory structures not exceeding 150 square feet and $5,000 in total cost.

(h)

The exemptions granted in subsections (f) and (g) shall not relieve the owner or contractor from their duty to comply with all applicable provisions of the Florida Building Code.

(Ord. 2001-1160-E, § 1; Ord. No. 2004-711-E, § 3; Ord. 2006-101-E, § 1; Ord. 2008-702-E, § 1; Ord. 2010-216-E, § 4; Ord. 2010-779-E, § 1; Ord. 2017-665-E, § 19; Ord. 2018-347-E, § 2)

Sec. 320.409. - Schedule of permit fees.

Permit fees imposed and collected pursuant to F.S. § 166.222 and this Section shall be deposited into a segregated trust account of the City and shall be expended, as appropriated by the Council, only for the purpose of deferring the City's costs of inspection and enforcement of the provisions of this Chapter. Permit fees can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

The fees contained within this Section are subject to the Annual Review of Fees provision found in Section 106.112, Ordinance Code.

(a)

Building or construction fees. For the purpose of determining fees, floor area shall be the gross overall, outside dimension, floor area of a building at each story, including all portions under roofs. Separate permits and fees shall not be required for fences, walls, awnings, masonry fence walls, or other components normal to building construction, if included in the building permit for a new building or addition. Separate fees shall be paid for electrical, plumbing, mechanical, miscellaneous or other permits shown elsewhere in this schedule.

(1)

New buildings, shell buildings, accessory buildings, and additions—for each 100 square feet of enclosed area or fractional part thereof for each story:

(i)

below grade and above grade up to and including the fourth story above grade:

Building Inspection Division (BID) permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

For Residential new buildings, shell buildings, accessory buildings and additions C & D Debris fee per 100 sf;

For Non-residential new buildings, shell buildings, accessory buildings, and additions, C & D Debris fee per $1000 of construction cost or fractional part thereof.

(ii)

Above the fourth story above grade:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

For Residential new buildings, shell buildings, accessory buildings and additions C & D Debris fee per 100 sf;

For Non-residential new buildings, shell buildings, accessory buildings, and additions, C & D Debris fee per $1000 of construction cost or fractional part thereof.

(iii)

For each 100 square feet of unenclosed area or fractional part thereof for each story:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

For Residential new buildings, shell buildings, accessory buildings and additions C & D Debris fee per 100 sf;

For Non-residential new buildings, shell buildings, accessory buildings, and additions, C & D Debris fee per $1000 of construction cost or fractional part thereof.

(iv)

Minimum BID permit fee for subsection (1):

Minimum Development Services Fee for subsection (1).

(v)

Plan review fee for subsection (1).

(2)

Exceptions to subsection (1) are as follows:

(i)

One-story portions of buildings with large undivided areas and used for storage occupancies only:

(A)

For each 100 square feet of area or fractional part thereof up to 40,000 square feet:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

For Residential new buildings, shell buildings, accessory buildings and additions C & D Debris fee per 100 sf;

For Non-residential new buildings, shell buildings, accessory buildings, and additions, C & D Debris fee per $1,000 of construction cost or fractional part thereof.

(B)

For each 100 square feet of area or fractional part thereof in excess of 40,000 square feet:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

For Residential new buildings, shell buildings, accessory buildings and additions C & D Debris fee per 100 sf;

For Non-residential new buildings, shell buildings, accessory buildings, and additions, C & D Debris fee per $1,000 of construction cost or fractional part thereof.

(C)

Plan review fee for subsection (2).

(ii)

For residential accessory structures not exceeding 150 square feet and $5,000 and not requiring a final inspection (includes plan review fee):

Development Services Fee;

C & D Debris fee.

(iii)

For residential accessory structures requiring only one inspection (includes plan review fee):

Development Services Fee;

C & D Debris fee.

(iv)

For residential accessory structures requiring more than one inspection, Minimum Development Services Fee for subsection (2):

C & D Debris fee.

(v)

Residential single family accessory structures are exempt from a Landscape fee.

(3)

Foundation Only—BID permit fee as calculated in items (1), (2), or (4).

Development Services fee as calculated in items (1), (2), or (4);

Minimum BID permit fee for subsection (3);

Minimum Development Services Fee for subsection (3);

Plan review fee for subsection (3).

(4)

New construction other than buildings, including water towers, pylons, storage tank foundations, masonry walls, retaining walls, cell towers, playground equipment, horizontal work for ADA compliance, awnings, structural elements of industrial complexes not within a building, sewage treatment plants and similar construction:

(i)

For each $1,000 of estimated cost or fractional part thereof up to $500,000:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris fee.

(ii)

For each $1,000 of estimated cost or fractional part thereof greater than $500,000:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris fee.

(iii)

Minimum BID permit fee for subsection (4):

Minimum Development Services Fee for subsection (4).

(iv)

Plan review fee.

(5)

Exceptions to subsection 4 are as follows:

(i)

Tents greater than 800 sf, not used for cooking, fireworks, storage or sale of combustible material, and not considered an assembly occupancy per the Florida Building Code:

Tents requiring Threshold Inspection add $90 plan review fee;

Development Services Fee.

(ii)

Tents less than 800 sf, not used for cooking, fireworks, storage or sale of combustible material, and not considered an assembly occupancy per the Florida Building Code.

(iii)

Awnings (cantilevered, or otherwise entirely supported from a building) (includes plan review fee):

Development Services Fee

(iv)

Canopies less than 150 sf (cantilevered in whole, or in part self-supporting) for single family structures, no inspection required.

(v)

Canopies greater than 150 sf (cantilevered in whole, or in part self-supporting) requiring only one inspection.

(vi)

Canopies requiring more than one inspection.

For items (iv)—(vi) Development Services Fee

(6)

Alterations, Tenant Build-Out and Converting Use (including major repair to buildings or other structures), for each $1,000 of estimated cost or fractional part thereof:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris fee;

Minimum BID permit fee;

Minimum Development Services Fee for subsection (6);

Plan review fee;

For Converting Use permit where no inspections are required a BID permit fee.

(7)

Exceptions to subsection 6 are as follows:

(i)

All wood/vinyl/aluminum/cementitious siding replacement, or stucco repair over wood frame construction is to be permitted. Where the work involves less than 20 percent of any wall larger than 100 sf (including doors and windows), or the work involves only walls less than 100 sf (including doors and windows) Auto expired permit, no plan review fee.

C & D Debris fee.

(ii)

Any wood/vinyl/aluminum/cementitious siding replacement, or stucco repair over wood frame construction, greater than 20 percent on any wall larger than 100 sf (including doors and windows, includes plan review fee.

(8)

Window/door replacement:

BID permit fee, per $1,000 of construction cost;

C & D Debris fee;

No Development Services Fee for subsections (7) and (8);

Minimum BID permit fee for permits not requiring an inspection;

Minimum BID permit fee for permits requiring one or more inspections.

(9)

Moving buildings on or across public thoroughfares: For each 100 square feet of area or fractional part thereof:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

Minimum BID permit fee for subsection (9);

Minimum Development Services Fee for subsection (9);

Plan review fee.

(10)

Roofing (excluding original roofing on new one and two family dwellings, and original roofing on additions and accessory buildings for single family dwellings), for each 1,000 square feet or fractional part thereof:

BID permit fee;

Minimum BID permit fee for roofing permits not requiring an inspection;

Minimum BID permit fee for roofing permits requiring one or more inspections;

Roofing repairs less than 500 square feet;

C & D Debris fee.

(11)

Swimming pools:

(i)

In-Ground Pools - For each 1,000 gallons capacity or fractional part thereof:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris fee;

Minimum BID permit fee for subsection (11);

Minimum Development Services Fee for subsection (11);

Building plan review fee.

(ii)

Above ground pools (includes plan review):

Development Services Fee.

(iii)

Repair where no inspection is required.

(iv)

Modification - Non-equivalent alteration changes or additions to the recirculation system, treatment equipment, physical structure or appurtenances.

(12)

Demolition of buildings:

(i)

For single family residential buildings that are zoned residential:

BID permit fee;

Development Services Fee;

C & D Debris Fee per 1000 square feet of floor area or fractional part thereof.

For all other buildings:

(ii)

For each 1,000 square feet of area or fractional part thereof:

BID permit fee;

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris Fee

Minimum BID permit fee for subsection (12)(ii);

Minimum Development Services Fee for subsection (12)(ii);

Plan review fee.

(13)

Demolition of structures other than buildings, BID permit fee:

Resource management fee;

Landscape fee;

Development Services Fee;

C & D Debris Fee per $1,000 of construction cost or fractional part thereof;

Plan review fee.

(14)

Sign erections:

(i)

For each 20 square feet of area (for each display face) or fractional part thereof up to 100 square feet:

BID permit fee.

(ii)

For each additional 100 square feet:

BID permit fee;

Minimum BID permit fee for subsection (12);

Plan review fee.

(iii)

Banner signs (each sign).

(15)

Site clearing in connection with protected trees or Horizontal Development not associated with building construction, including parking lots, drainage improvements, landscaping and irrigation not associated with buildings:

(i)

Less than ½ acre;

(ii)

One-half acre to one acre;

(iii)

For areas greater than one acre, plus 25.00 per each additional acre or fractional part thereof;

(iv)

Trees Exempted by Section 656.1205(b).

(16)

Site clearing without protected trees.

(17)

Removal or relocation of private protected trees.

(b)

Electrical permit fees. Service installations (conductors and equipment for delivering energy from the electrical utility supply system); each service or subservice requiring a utility-owned meter shall be considered a service for fee purposes.

(1)

Residential:

(i)

New single-family residential occupancy:

(A)

0—100 ampere service;

(B)

101—150 ampere service;

(C)

151—200 ampere service;

(D)

For each additional 50 amperes or fractional part thereof;

(E)

Temporary Service.

(ii)

Multifamily, for each dwelling unit.

(iii)

Service charge:

(A)

0—100 ampere service;

(B)

101—150 ampere service;

(C)

151—200 ampere service;

(D)

For each additional 50 amperes or part thereof.

(iv)

Room additions.

(v)

Mobile home service.

(vi)

In-Ground Swimming pools.

(vii)

Above Ground Swimming pools.

(viii)

Repairs and miscellaneous.

(ix)

Single family low voltage with no inspections.

(x)

Unmetered main service.

(xi)

Safety inspection.

(2)

Commercial and other permits:

(i)

Services:

(A)

0—100 ampere service.

(B)

101—150 ampere service.

(C)

151—200 ampere service.

(D)

For each additional 50 amperes or fractional part thereof.

(E)

Temporary services.

(ii)

Feeder, for each 100 amperes or fractional part thereof.

(iii)

Signs, each, or minimum fee (whichever is greater).

(iv)

Switch and receptacle outlets (excepting new single-family and multifamily):

(A)

Up to 30 amperes, each;

(B)

31 amperes to 100 amperes, each;

(C)

101 amperes to 200 amperes, each;

(D)

Lighting outlets, including fixtures.

(v)

Primary service.

(vi)

Transformers, for each 20 kilovolt amperes or fractional part thereof.

(vii)

Heat:

(A)

0.0—10 kilowatts;

(B)

10.1—15 kilowatts;

(C)

15.1—24 kilowatts;

(D)

Over 24 kilowatts.

(viii)

Air conditioning circuit:

(A)

0—60 amperes;

(B)

61—100 amperes.

(ix)

Motors:

(A)

0—5 horsepower;

(B)

For each additional five horsepower or fractional part thereof.

(x)

Appliances, fixed or stationary:

(A)

0—30 amperes;

(B)

31—100 amperes;

(C)

Over 100 amperes.

(xi)

Smoke detectors wired into electrical systems (excepting single-family, multifamily and room additions), each.

(xii)

For non-fire alarm low voltage work as part of a commercial permit:

For non-fire alarm stand-alone low voltage permits.

(xiii)

Minimum fee.

(xiv)

Swimming pools.

(xv)

Repairs and miscellaneous.

(xvi)

Late fee.

(xvii)

For misc. permits not requiring an inspection.

(xviii)

Commercial safety inspection.

(xix)

Unmetered main service.

(xx)

Commercial additions, plus totals per items (i) through (xii) above.

(c)

Plumbing permit fees.

(1)

Roughing-in and setting fixtures or plugged outlets-for water closets (toilets), bathtubs, showers, lavatories, sinks, slop sinks, laundry tubs, urinals, gas and oil interceptors, floor drains, drinking fountains, indirect waste pipe fixtures, sterilizers, autopsy tables, autoclaves and other plumbing fixtures having a water supply or waste outlet or both, including hot water tanks or boosters, and washing machines with sewer connection, for each roughing-in and fixture or plugged outlet (fee for new roughing-in includes fixture).

(2)

Rainwater roof inlets, each.

(3)

Sewer connection-for each building sewer connection to a public or private sewerage system (not including septic tanks).

(4)

Water piping-for each service connection to a supply system and for each connection to or outlet for an appliance or fixture not covered by a fixture permit.

(5)

Repairs-extending, remodeling, addition to or repair of water pipes, waste, soil, vent, building drain or sewer pipe (this does not include faucet, valve or water closet tank repairs, unstopping fixtures, waste, building drain or building sewer pipes or cleaning septic tanks), for each $100 estimated cost or fractional part thereof.

(6)

Water softeners.

(7)

Solar water heater.

(8)

Minimum fee for a plumbing permit, based upon the fee formulas contained in paragraphs (1) through (7).

(d)

Mechanical permit fees.

(1)

Air conditioning and refrigeration (total capacity in single installation), each apartment or business being considered a separate system, for each ton of capacity or fractional part thereof:

(i)

For one to ten tons.

(ii)

For each ton over ten tons or fractional part thereof up to 25 tons.

(iii)

For each ton over 25 tons or fractional part thereof.

(2)

Furnaces and heating equipment (total capacity in single installation) for each apartment or business:

(i)

For the first 200,000 Btu an hour capacity or fractional part thereof.

(ii)

For each additional 50,000 Btu an hour of fuel used or fractional part thereof.

(iii)

Burner (not in heating system), each.

(3)

Boilers, including heating element:

(i)

For the first 500,000 Btu an hour input of fuel.

(ii)

For each additional 100,000 Btu an hour input of fuel or fractional part thereof.

(4)

Air duct systems:

(i)

For the first 2,000 cubic feet a minute capacity of air handled in duct system.

(ii)

For each 1,000 cubic feet a minute over 2,000 cubic feet or fractional part thereof up to 10,000 cubic feet a minute.

(iii)

For each additional 1,000 cubic feet a minute or fractional part thereof.

(5)

Pumps, each.

(6)

Tanks, all types, gasoline or LP:

(i)

0 to 600 gallons.

(ii)

Over 600 to 10,000 gallons capacity or fractional part thereof.

(iii)

For each additional 1,000 gallons or fractional part thereof.

(iv)

For above-ground commercial tanks a Fire Marshal plan review fee of $150 will be charged in addition to the above fees.

(7)

Service station automobile lifts.

(8)

For gas piping.

(9)

Fire residential sprinkler systems:

(i)

For the first 40 sprinkler heads or fractional part thereof.

(ii)

For each additional 10 sprinkler heads or fractional part thereof.

(10)

Prefabricated fireplaces, each.

(11)

Alteration or repair of boiler or non-fired pressure vessel.

(12)

Solar collector system.

(13)

Commercial hood installation.

(14)

Commercial grease hood installation.

(15)

Heat exchanger or coil in ducts.

(16)

Minimum fee for a mechanical permit.

(17)

For mechanical permits not listed above the fee shall be based on $7 per $1,000.

(e)

Miscellaneous permit fees.

(1)

Mobile home move-on permit.

(f)

Miscellaneous fees.

(1)

Temporary/partial certificate of occupancy-residential, each.

(2)

Temporary/partial certificate of occupancy-commercial, each.

(3)

Change of contractor, owner, address or contractor qualifier on an active permit:

(i)

One to five permits, each.

(ii)

A fee for each permit over five.

(4)

Register to be a Private Provider.

(5)

Add a new inspector to a Private Provider.

(6)

After hours inspections: Hourly overtime cost for inspector.

(7)

Plan review fee on any item will be quadrupled on fourth submission as per Florida Statute § 553.80.

(8)

Local Product Approval.

(9)

Open an escrow account.

(10)

Monthly escrow account maintenance fee for active accounts, per month.

(11)

Plan review fee for active permits:

(i)

Residential, full size sheets (24″ × 36″), truss plans, or energy sheets;

(ii)

Commercial, for 1—5 full size sheets (24″ × 36″):

For each additional sheet.

(g)

Private inspection fees.

(1)

Building permit fees for residential new buildings and additions shall be reduced by $100, but not below the BID minimum fee, when being inspected by a private inspector.

(2)

Building permit fees for commercial new buildings and additions shall be reduced by ten percent, but not below the BID minimum fee, when being inspected by a private inspector.

(3)

Mechanical, Electrical, Plumbing, Roofing and Mobile Home permit fees shall be reduced by 31 percent when being inspected by a private inspector, but not below the minimum fee.

(4)

Plan review fees shall be reduced by 31 percent when being reviewed by a private plan reviewer, but not below the minimum fee.

(Ord. 2001-1160-E, § 1; Ord. 2004-711-E, § 3; Ord. 2004-1003-E, § 6; Ord. 2006-101-E, § 2; Ord. 2006-589-E, § 1; Ord. 2007-1039-E, § 1; Ord. 2008-702-E, § 1; Ord. 2009-624-E, § 1; Ord. No. 2010-216-E, § 5; Ord. 2010-779-E, § 2; Ord. 2015-504-E, § 11.14; Ord. 2017-665-E, § 19; Ord. 2018-347-E, § 2; Ord. 2019-55-E, § 2)

Sec. 320.410. - Expiration of sign permits.

Sign permits issued for off-site signs pursuant to Chapters 320 and 326 shall expire on October 1 of each year regardless of their initial issuance date by the Division. Such permits may be renewed as provided in Section 320.412 below. Sign permits for on-site signs will not expire, but shall become void if the sign area of any surface of the sign is increased without the prior approval of an application therefor by the Building Official under Section 320.402.

(Ord. 2001-1160-E, § 1; Ord. 2008-702-E, § 1)

Sec. 320.411. - Revocation of permit.

(a)

The Building Official may revoke a permit or approval issued under this building code where there has been any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(b)

The Building Official may revoke a permit upon a determination 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 this building code. Written notice shall be mailed or given to the permit holder or his agent and it shall be unlawful for a person or persons to perform work in or about the building or structure except the work required for the correction of the expressed violations. If, in the judgment of the Building Official, there is imminent danger that requires immediate action, the permit may be revoked verbally and written notice served later.

(c)

When a permit has been revoked, it shall not be reinstated until all existing violations have been corrected. Written notice of reinstatement shall be given to the permit holder if requested.

(Ord. 2001-1160-E, § 1; Ord. 2008-702-E, § 1)

Sec. 320.412. - Renewal of sign permits for off-site signs.

(a)

All sign permits issued for off-site signs shall be renewed every year starting on October 1 but not later than December 31 of every year. Sign permit renewal payment as found in www.coj.net/fees, shall be made through the City of Jacksonville billing system and all fees collected shall be paid into the Sign Enforcement Fund under Section 111.460.

(b)

If payment for permit renewal for an off-site sign is not received by December 31 of each year, the off-site sign involved shall be subject to immediate removal by the Division without further notice or the need to comply with Section 320.413 or Section 326.208(b) and without the City incurring any liability therefor.

(Ord. 2001-1160-E, § 1; Ord. 2006-422-E, § 124; Ord. 2017-665-E, § 19)

Sec. 320.413. - Removal of signs.

(a)

For the purposes of this Section the following terms shall have the following meanings:

(1)

Land owner means the person who owns the real property on which a sign or sign structure is located. This includes any land that a sign overhangs.

(2)

Sign owner means the person who appears to be the owner of a sign based on the location of the name on the sign or sign structure.

(b)

Any sign or portion of any sign located in the City which is erected, used, operated, constructed or maintained without complying with the zoning, application, permit, maintenance, and renewal permit laws and procedures required by this Chapter, Chapter 326, and Chapter 656, is hereby declared to be illegal and shall be removed as provided herein.

(c)

(1)

Upon determination by the Division that a sign or sign face is in violation of this Chapter, Chapter 326, or Chapter 656, the Division shall post on each such sign structure or sign face an orange, dated notice with black letters. The notice shall state that the sign or sign face is illegal and is required to be brought into compliance or removed within 30 calendar days after the date on which the notice is posted. The Division shall also mail or deliver written notice to the land owner and sign owner, if known. The written notice shall state that the sign is illegal and is required to be brought into compliance or removed within a 30-day period specified on the posted notice. The mailed or delivered written notice shall further state that the land owner and sign owner have the right to request a hearing, as provided in Section 320.113(f). The request must be in writing and filed with the City not later than 30 calendar days after the date of the mailing or delivery of notice required herein and shall state all facts demonstrating that the sign is not in violation.

(2)

If, pursuant to the notice provided, the subject illegal sign is not brought into compliance, removed by the land owner within the prescribed period, or the land owner fails to timely request a Section 320.413(f) hearing, the City may remove and may store, destroy or otherwise dispose of the sign without further notice being required and without paying any compensation therefor. For that purpose, the City's employees, agents, or contractors may enter onto private property without incurring any civil or criminal liability or penalty for trespass or conversion of the sign or other like offense for so entering and removing such sign.

(3)

For the purpose of this Section, the posted notice (and the mailed notice to the permittee and sign owner, if known) constitutes sufficient notice. No notice is required to be provided to lessees or advertisers; provided, however, if a lien on the real property on which the sign is located is to be sought for the costs of removal, towing and storage, and unpaid fines, persons with ownership in the real property shall be notified in writing as set forth in subsection (c)(1) of this Section.

(d)

(1)

If a sign is under construction and the division determines the sign owner or applicant has not been issued a permit as required under this Chapter, or that the sign is otherwise unauthorized or illegal, the division shall require that all work on the sign cease until the sign owner or applicant takes whatever steps are necessary to show that the sign is authorized by law, including, if necessary, steps to apply for a permit. The division shall post an order to cease work on the subject sign, and no further notice is required to be given. Failure of a sign owner (or his or her authorized employees or agents) or applicant to meet or comply with the order shall subject the sign to prompt removal by the City. The City shall have no liability to the owner or applicant for such removal, and may recover the costs for the removal.

(2)

For purpose of this subsection (d) of this Section only, a sign is under construction when it is in any phase of initial construction prior to the attachment or display of the advertising message in final position for viewing by the traveling public. A sign that is undergoing routine maintenance or change of the advertising message only is not considered to be under construction.

(e)

The cost of removing a sign, together with towing and storage charges, if any, whether by the Division or by an independent contractor on behalf of the City, shall be assessed against the sign owner and land owner by the City and shall be an indebtedness collectible by the City. In addition, a civil penalty of $500 per day per sign shall be assessed against the land owner and sign owner jointly and severally for any sign in violation of Chapters 320, 326, or 656 which has not been removed within the 30-day period after placing of the notice of illegality thereon pursuant to the requirements of this Section. Any civil penalties assessed pursuant hereto shall be collectible by the City and paid into the Sign Enforcement Fund established in Section 111.460. Sign owners and land owners shall pay all costs and attorneys fees incurred by the City which are necessary to enforce the provisions of this Section.

(f)

Any hearing authorized by this Section shall be conducted by the Director of Public Works or the Director's designee who will not be the person issuing the notice or that person's employees or subordinates. Any hearing required by this Section shall be governed by the following:

(1)

The hearing should be (not mandatory) scheduled by the Director to be held within 15 days of receipt of a written request, and the land owner and sign owner, if known, shall receive a minimum five working days notice of the hearing.

(2)

The land owner and sign owner may appear in person or be represented by an attorney.

(3)

The issue before the Director shall be the factual determination of whether a violation exists under the Ordinance Code.

(4)

The hearing shall be informal. The Director shall review the notice of violation, the requesting party's explanations in its request for hearing, and may receive and consider any evidence upon which reasonably prudent persons normally rely. The Director shall not be bound by technical, common law, statutory or formal rules of evidence or procedure. After the hearing, the Director shall render findings based upon whether a violation exists.

(5)

The City shall supply either audio, video, or stenographic recording services at its discretion to establish a record of the hearing but the City or the requesting party can, at its own expense, record or transcribe the hearing in any matter it deems fit.

(6)

Within 14 days of the conclusion of the hearing, or as soon thereafter as is practicable, the Director shall render findings to the land owner and sign owner and the Division determining whether the sign is in violation of the Ordinance Code.

(7)

If the decision of the Director is that the sign is in violation of the Ordinance Code, the decision shall advise the land owner or sign owner that if the sign is not removed within 15 days of the date of the decision, the City may thereafter remove the sign at such reasonable cost to the land owner and sign owner as may be incurred by the City.

(8)

If the decision of the Director is that the sign is not in violation as noticed, the City shall take no further action pursuant to the notice of violation on which the decision was made.

(g)

The provisions of this Section are intended to have municipal application to the City of Jacksonville and shall be supplemental to any Countywide regulations adopted by the City Council either through ordinance or as may be contained in the Charter of the City.

(Ord. 2001-1160-E, § 1; Ord. 2006-422-E, § 124)

Sec. 320.414. - Nonconforming signs.

(a)

All permits for off-site signs that were issued prior to March 11, 1987 but which were not erected or constructed prior to March 11, 1987 shall comply fully with the regulations imposed by this Section; otherwise such permits shall be deemed null and void.

(b)

All lawful nonconforming signs shall be removed, changed, or altered to conform to the standards established in this Section, by or on behalf of the owner thereof no later than five years after March 11, 1987, or else shall be removed by the City immediately after the end of the 50 year after March 11, 1987 pursuant to the procedures in Sections 320.413 and 326.208; provided, however,

(1)

Except as otherwise provided in Charter Article 23, lawful nonconforming off-site signs along any portion of the interstate or federal-aid primary highway systems within the meaning of F.S. § 479.01(5), (7), (12) and (14), F.S. § 479.15(2) and F.S. § 479.24(1) shall be subject to removal, if at all, only as provided pursuant to F.S. Ch. 479.

(2)

Any lawful nonconforming off-site sign which is nonconforming because of distance limitations shall not be required to be removed, changed or altered to conform to the distance limitations established in Section 656.1303; provided that any off-site sign located within 200 feet of any residentially zoned district shall be nonilluminated and shall not exceed a maximum of 400 square feet in area, including embellishments.

(3)

Any sign which becomes a lawful nonconforming sign due to the provisions of this Section, but which is or would be a permissible use by exception or which is or would be allowed by variance, as set forth in Section 656.1303, within the zoning district in which it is located, must obtain the appropriate exception or variance from the Planning Commission in order to continue in existence at that location.

(4)

Any lawful nonconforming on-site sign not exceeding the allowable number of signs, as provided in Section 656.1303, may be continued so long as the sign does not exceed one and one-half times the allowable square footage in area specified in Section 656.1303 or 300 square feet in area, whichever is less, until altered, changed or modified in any form; provided that, the face of any lawful nonconforming on-site sign, existing as of March 11, 1987, may be changed pursuant to the requirements set forth herein.

(i)

Any nonconforming on-site sign which is located closer than ten feet from any street right-of-way, but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987, and may be:

(A)

Altered, modified, or changed to identify a new occupant or tenant on the property;

(B)

Altered, modified, or changed to repair or replace any portion of the sign which is damaged; or

(C)

Remodeled or otherwise changed if the sign is downsized to a size that is at least 15 percent smaller than the original sign area if the remodeled sign does not exceed 100 square feet, or to a size that is at least 25 percent smaller than the original sign area if the remodeled sign exceeds 100 square feet;

provided, however, that if title to the property on which the nonconforming sign is located is transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later; and provided further that the sign and sign face of the nonconforming sign may not be enlarged in any way.

(ii)

Any nonconforming on-site sign which is located within 25 feet of any intersection of two or more street right-of-way lines but which otherwise complies with all other provisions of the Ordinance Code, may remain in place after March 11, 1987 and may be:

(A)

Altered, modified, or changed to identify a new occupant or tenant on the property;

(B)

Altered, modified, or changed to repair or replace any portion of the sign which is damaged; or

(C)

Remodeled or otherwise changed if it is located within or relocated to within the area between ten feet and 25 feet from the intersection of such street right-of-way lines;

provided that such remodeled or changed sign meets a minimum height limit above grade of eight feet and a maximum height limit of 25 feet; and provided that the support structure is at least 17 feet away from the intersecting lines and no portion of the sign is closer than ten feet from any street right-of-way line; and provided further that the sign and sign face of the remodeled sign may not be enlarged in any way; provided, however, that if title to the property on which the nonconforming sign is located is, or has been, transferred after March 11, 1987, the nonconforming sign must be brought into conformity with Section 656.1303 by March 12, 1992 or upon transfer of the title, whichever is later.

(5)

Any lawful sign for which a zoning exception and/or variance was heretofore granted by the Planning Commission may be continued so long as it is maintained in accordance with the provisions for which the grant of exception or variance was made and provided that it complies with all other provisions of this Section for which no grant of exception or variance has been approved.

(6)

Except as provided in this subsection, the provisions of this Section pertaining to mobile signs shall not take effect until five years after March 11, 1987. At the end of this five-year period, all mobile signs shall be required to comply with the provisions of this Section pertaining to mobile signs and all mobile signs which remain nonconforming after that date shall be subject to removal pursuant to the abatement procedure set forth in Section 326.208. All permits for mobile signs issued after this five-year period shall be issued pursuant to the provisions of and subject to the regulations of this Section. Within 30 days after March 11, 1987, the Building Inspection Division shall issue a permanent numbered medallion (at such cost as is necessary to recover the expense of producing the medallion) for each mobile sign which was permitted for use in the City on March 11, 1987 and which meets the requirements of Section 326.207. The medallion shall be immediately affixed to the permitted mobile sign for which it was issued and such mobile sign may be used throughout the City so long as it continues to comply with the provisions of Sections 326.201, 326.207, and 656.1303, that were in effect immediately prior to March 11, 1987. A mobile sign which would otherwise be eligible to be issued a medallion as provided herein, but cannot meet the construction regulations of Section 326.201, shall be issued a temporary medallion that shall expire at the end of six months from the date of issue. The temporary medallion may be converted into a permanent numbered medallion if the mobile sign for which it was issued is brought into full compliance with the provisions of Section 326.201 within the six-month period. If the mobile sign has not been brought into full compliance within this period, it shall be removed from service until such time as it is brought into full compliance.

No new mobile sign shall be placed in service for five years after March 11, 1987, except for a mobile sign or a replacement for a mobile sign which has had either a permanent numbered medallion or a temporary medallion issued for it as provided for herein. All mobile signs for which a medallion has been issued may be relocated and utilized within the City so long as the mobile sign is properly permitted for the new location and meets the location restrictions as required by Section 326.207 as such Section existed immediately prior to March 11, 1987.

(c)

Any lawfully erected sign in existence on March 11, 1987 shall be deemed a lawful nonconforming sign if the sign does not conform to the standards of this Chapter, or of Chapter 326, as amended, or Section 656.1303, as amended, but if it was originally placed or constructed in accordance with the permit, zoning and construction laws, rules and regulations in effect at the time it was placed or constructed; provided, however, such lawful nonconforming signs must be permitted and tagged as required by The Florida Building Code.

(d)

Any sign which was illegal or unauthorized prior to March 11, 1987, or any sign which is illegally placed or constructed after March 11, 1987, shall be subject to immediate removal by the City without the need for the City to comply with the notice and hearing procedures in Sections 320.413 and 326.208. The Division shall promptly remove or cause the removal of any such illegal or unauthorized sign on behalf of its owner, and may, if it chooses, charge all costs incurred to the owners of the sign (if known) and persons owning or possessing the real property on which the sign is located pursuant to the provisions of those Sections.

(Ord. 2001-1160-E, § 1)

PART 5. - INSPECTIONS

Sec. 320.501. - General.

(a)

Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official shall inspect all buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the technical codes.

(b)

When deemed necessary, the Building Official shall make inspection of materials and assemblies at the point of manufacture or fabrication and may require the exposure of any element of an assembly to inspect the internal construction. A record shall be made of every such examination and of all violations of the technical codes.

(c)

The Building Official shall make the inspections called for by these requirements or he may accept reports of inspectors of recognized qualifications for special inspections, except that no certificate called for by a provision of this building code shall be based on the reports unless they are in writing and certified by a responsible officer of such service.

(d)

When the services and reports of a testing laboratory are required by this building code, only services and reports shall be accepted as are submitted from an impartial testing laboratory having a registered professional engineer in active responsible charge of the work of sampling and testing. Services and reports of testing laboratories located outside of the State and under the supervision of a registered engineer legally qualified to practice engineering in the State of Florida may be accepted.

(Ord. 2001-1160-E, § 1)

Sec. 320.502. - Rejection after inspection.

It shall be assumed that the holder of a permit or his authorized agent shall have inspected the work performed pursuant to the permit and found such work to be in compliance with this building code and ready for inspection prior to requesting an inspection by the Division. Whenever the Building Official rejects or refuses to approve the work for reasons of incompleteness, Code violation or inadequacy, that request for inspection shall be nullified and a new request for inspection shall be made and additional fees paid as provided in Section 320.408, as applicable.

(Ord. 2001-1160-E, § 1)

Sec. 320.503. - Special hurricane inspections.

(a)

After winds of hurricane velocity are experienced and have subsided, the Building Official shall investigate to determine if damage has occurred to buildings or other structures.

(b)

No building or other structure or assembly or part thereof which was damaged, collapsed or is out of plumb or line shall be repaired or altered or otherwise returned to its original position without inspection and approval by the Building Official.

(Ord. 2001-1160-E, § 1)

Sec. 320.504. - Cleanup of site.

Upon completion of the proposed work, the permit holder shall leave the site cleared of rubbish, debris, construction sheds or materials of construction. In the event there has been damage to public property or that rubbish, debris, construction sheds or materials of construction have been left at the site, the Building Official shall refuse to make final inspection and shall notify the permit holder to correct the condition of violation within five days. For failure to comply with the notice after the period of five days, the permit holder is subject to the penalties specified herein and the Building Official shall have the cleanup work done and public property restored and shall notify the legal authority, who shall institute the necessary action to have the costs placed as a lien against the property in relation to which the permit was issued.

(Ord. 2001-1160-E, § 1)

Sec. 320.505. - Milestone Inspections.

In accordance with F.S. § 553.899, structural milestone inspections, as provided under Chapter 328, Ordinance Code, for condominium and cooperative buildings are mandatory within 25 years of the issuance of the certificate of occupancy if the structure is three stories or more. This requirement does not apply to buildings that have three or fewer stories above ground and are single-family, two-family, or three-family dwellings.

(Ord. 2022-842-E, § 2)

PART 6. - UNSAFE BUILDINGS AND STRUCTURES

Sec. 320.601. - Certification of unsafe buildings and structures.

All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary or do not provide adequate egress or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings or service systems. When a building or structure is found to be unsafe upon inspection by the Building Official, he shall post a notice thereof on the building or structure and certify the finding to the Property Safety Division of the Neighborhoods Department for action as may be provided by law, and cause such violations to be abated by repair, rehabilitation or demolition in accordance with the provisions of Chapter 518, Ordinance Code.

(Ord. 2001-1160-E, § 1; Ord. 2013-209-E, § 40; Ord. 2016-140-E, § 16)

Sec. 320.602. - Emergency work.

In case there shall be, in the opinion of the Building Official, actual and immediate danger of failure or collapse of a building or structure or portion thereof, so as to endanger life or property, the Building Official shall cause the necessary work to be done to render the building or structure or portion thereof temporarily safe, whether any procedure prescribed by other law for the removal or securing of unsafe buildings or structures has been instituted or not.

(Ord. 2001-1160-E, § 1)

Sec. 320.603. - Vacating unsafe buildings or structures and closing streets.

When a building or structure or portion thereof is in an unsafe condition so that life is endangered thereby, the Building Official shall order and require the inmates and occupants to vacate it forthwith. He shall, when necessary for the public safety, temporarily close sidewalks, streets, buildings and structures and prohibit them from being used.

It shall be a Class C offense, as defined in Section 632.101, Ordinance Code, to be physically present in or to allow others to be physically present in any building or structure which has been posted as unsafe pursuant to this Chapter until such building has been made to comply in every respect with the posted notice or unless such individual has obtained prior written authorization from the Chief or his or her designee to be inside the building or structure. All written authorizations shall be posted on site at all times during permitted corrective actions. The failure to post such written authorization shall be a Class C offense.

(Ord. 2001-1160-E, § 1; Ord. 2016-92-E, § 1)

Sec. 320.604. - Disconnecting unsafe installations.

When the Building Official determines that an electrical, gas, mechanical, plumbing or other installation or appliance is unsafe, so that life is endangered thereby, he shall disconnect, turn off, seal or otherwise interrupt electric, gas or water service to the installation or appliance and post a notice that the service shall not be reactivated without his approval. It shall be unlawful for a person to use or reactivate the installation or appliance after this action without approval.

(Ord. 2001-1160-E, § 1)

Sec. 320.605. - Recovery of costs.

Costs incurred by the Building Official in emergency work to make a building or structure temporarily safe shall be recovered as may be provided by law.

(Ord. 2001-1160-E, § 1)

PART 7. - VIOLATIONS AND PENALTIES

Sec. 320.701. - Removal of official notices.

It shall be unlawful for a person to deface, obliterate or remove from a building or structure an official notice posted by the Building Official unless authorized to do so by the Building Official.

(Ord. 2001-1160-E, § 1)

Sec. 320.702. - Notice of violations.

Whenever the Building Official is satisfied that a building or structure or work in connection therewith, the execution of which is regulated, permitted or forbidden by this building code, is being done in violation of the provisions or requirements of the building code, or in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, he shall serve a written notice or order upon the person responsible therefor and upon the person doing the work directing discontinuance of the illegal activity and remedying of the condition that is in violation of the provisions or requirements of this building code.

(Ord. 2001-1160-E, § 1)

Sec. 320.703. - Enforcement.

The requirements of this Building Code shall be enforced as follows:

(1)

By the Municipal Code Enforcement Board or Special Magistrate pursuant to the authority granted by F.S. Ch. 162, Part I, and Ch. 91, Ordinance Code;

(2)

By citation for civil penalties pursuant to the authority granted by F.S. Ch. 162, Part II, and Ch. 609, Ordinance Code;

(3)

By issuance of a notice to appear in County Court pursuant to F.S. Section 162.23;

(4)

By an action for injunctive relief, civil penalties, or both, through a court of competent jurisdiction; and

(5)

Violators holding a contractor's certification or license shall in all instances be referred to the Construction Trades Qualifying Board, and/or the appropriate State licensing board, for further enforcement.

A violation of this Chapter shall constitute a separate offense for each day it shall continue or recur.

(Ord. 2004-429-E, § 16; Ord. No. 2006-847-E, § 2)

Editor's note— Ord. 2004-429-E, § 16, amended the Code by repealing former § 320.703, and adding a new § 320.703. Former § 320.703 pertained to issuance of citations; and derived from Ord. 2001-1160-E, § 1.

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Sec. 320.704. - Disregard of violation notices.

In case a violation notice or order is not properly complied with, the Building Official shall notify the General Counsel upon noncompliance and the General Counsel, upon notice, shall institute an appropriate action or proceeding: (a) to restrain, correct or remove the violation or the execution of work thereon; or (b) to restrain or correct the erection or alteration of, require the removal of or prevent the occupancy or use of, the building or structure erected, constructed, added to or altered, in violation of or not in compliance with the provisions of this building code or with respect to which the requirements thereof or of an order or direction made pursuant to provisions contained therein shall not have been complied with.

(Ord. 2001-1160-E, § 1)

Sec. 320.705. - Stop work orders.

Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give notice prior to stopping the work.

(Ord. 2001-1160-E, § 1)

Sec. 320.706. - Noncompliance.

(1)

Any person, firm, corporation or agent who violates a provision of this building code or of codes hereby adopted by reference, including the tenant, lessee or manager of any leased, rented or managed property, who fails to comply therewith or with any of the requirements thereof or who erects, constructs, alters or repairs or has erected, constructed, altered or repaired a building, structure, electrical, gas, mechanical or plumbing system in violation of a detailed statement or plan submitted and permitted thereunder shall, upon conviction thereof, be guilty of a class D offense and punished accordingly.

(2)

The City is authorized to file a civil action in a court of competent jurisdiction for civil penalties as follows:

(a)

The civil penalty for violations committed by an unlicensed, uncertified individual to perform work or by a property owner who performed such work him or her self on any structure or property regulated under this Chapter shall be as follows:

(1)

$1,000 for a first violation;

(2)

$2,000 for a second violation; and

(3)

$3,000 civil penalty for a third or subsequent violation, and the violator shall be prohibited from obtaining a building permit for work not associated with the correction of the violation for a period of three months.

Additionally, the violator shall be prohibited from applying for any permit until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against issuance of a building permit contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final.

(b)

Civil penalties assessed against property owners who did not do the unauthorized work themselves for violations of this Chapter shall in no instance be less than $50 and no more than $500.

(3)

Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorney's fees and costs.

(Ord. 2001-1160-E, § 1; Ord. No. 2006-847-E, § 2)

Sec. 320.707. - Responsibility.

The owner of a building, structure or premises where a violation of this building code or of codes hereby adopted by reference occurs or exists and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who has assisted in the commission of the violation shall be guilty of a separate offense and, upon conviction, shall be punished as provided in Section 320.706.

(Ord. 2001-1160-E, § 1)

PART 8. - APPEALS AND VARIANCES

Sec. 320.801. - Appeals and variances.

Where it is alleged there is error in an order, requirement, decision or determination made by the Building Official in the enforcement of this building code or where a variance to the building code is sought which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this building code would result in unnecessary and undue hardship, an appeal or request for variance may be made to the Building Codes Adjustment Board as provided in Chapter 56.

(Ord. 2001-1160-E, § 1)

PART 9. - FACTORY-BUILT HOUSING

Sec. 320.901. - Scope.

This Section shall apply only to factory-built housing as defined in the Florida Factory-Built Housing Act of 1979 (F.S. Ch. 553, Pt. IV).

(Ord. 2001-1160-E, § 1)

Sec. 320.902. - Compliance required.

Factory-built housing shall comply with the standards of the Florida Factory-Built Housing Act of 1979 (F.S. Ch. 553, Pt. IV) and each housing unit shall bear the insignia of approval as required therein. The factory-built housing shall be exempt from compliance with this building code and other regulations applicable thereto except as follows:

(a)

Land use and zoning regulations.

(b)

Fire zone restrictions.

(c)

Setback and yard requirements.

(d)

Site development and property line requirements.

(e)

Subdivision regulations.

(f)

On-site installation requirements.

(g)

Architectural and aesthetic requirements.

(Ord. 2001-1160-E, § 1)

Sec. 320.903. - Permit required.

All provisions of Part 4, including permits and the payment of fees, shall apply to factory-built housing in the same manner as to other types of construction. Permits shall be issued only to qualified applicants and all work done at the site shall be performed by qualified craftsmen as provided in Part 4 but the qualified applicants to whom the permits are issued or qualified workmen performing on-site installation work shall not thereby be held responsible under local qualifying regulations or bonds for construction or installations made at the factory and not under their supervision and control.

(Ord. 2001-1160-E, § 1)

Sec. 320.904. - Inspection.

Inspections described in Part 5 shall be required for all on-site work or installations and exemption from required inspections shall be applicable only to construction or installations performed at the factory.

(Ord. 2001-1160-E, § 1)

PART 10. - COMPLIANCE ALTERNATIVES FOR HISTORIC PROPERTIES

Sec. 320.1001. - Compliance alternatives.

Section 3409, Compliance Alternatives, 2000 International Building Code (attached to Ord. 2002-263-E as Exhibit A) is hereby adopted in its entirety, subject to the following revisions:

Section 3409.1 is amended to read as follows:

… All calculations and evaluations which are required to be prepared in Section 3409 shall be prepared and submitted by an architect and/or engineer licensed by the State of Florida, along with a signed and sealed affidavit to certify that the preparer has visited the site and the calculations and evaluations are accurate to the best of his or her knowledge.

The policies and procedures outlined in Section 3409 shall in no way waive the requirement for full compliance with the Florida Accessibility Code.

Section 3409.2 is amended to read as follows:

3409.2 Applicability. This Section shall apply to all structures that qualify as Special Historic Buildings as stated in 3401.5.2 of the Florida Building Code. …

Section 3409.3 is amended to read as follows:

3409.3 Acceptance. For repairs, alterations, and changes of occupancy to Special Historic buildings as defined in Section 3401.5 of the Florida Building Code, compliance with this Section shall be accepted by the building official and Fire Marshall, unless there exists a unique feature or condition of the building that presents or creates a circumstance that could forseeably result in an immediate danger to public health or safety.

Section 3409.3.2 is deleted in its entirety.

Section 3409.6.7.1 is amended to read as follows:

3409.6.7.1 Categories. The categories for HVAC systems are:

1.

Category a — Plenums not in accordance with Section 602 of the Florida Mechanical Code — 10 points.

2.

Category b — Air movement in egress elements not in accordance with Section 1004.3.2.4 — 5 points.

3.

Category c — Both categories a and b are applicable — 15 points.

4.

Category d — Compliance of the HVAC system with Section 1004.3.2.4 and Section 602 of the Florida Mechanical Code — 0 points.

5.

Category e — Systems serving one story: or a central boiler/chiller system without ductwork connecting two or more stories + 5 points.

Section 3409.6.8 is amended to read as follows:

Section 3409.6.8 Automatic fire detection. Evaluate the smoke detection capability based on the location and operation of automatic fire detectors in accordance with Section 905 and the Florida Mechanical Code. Under the categories. …

Section 3409.6.8.1 is amended to read as follows:

Section 3409.6.8.1 Categories. The categories for automatic fire detection are:

1.

Category a — None.

2.

Category b — Existing smoke detectors in HVAC systems and maintained in accordance with the Florida Fire Code.

3.

Category c — Smoke detectors in HVAC systems. The detectors are installed in accordance with the requirements for new buildings in the Florida Mechanical Code.

4.

Category d — Smoke detectors throughout all floor areas other than individual guest rooms, tenant spaces and dwelling units.

5.

Category e — Smoke detectors installed throughout the fire area.

…

Section 3409.6.14 is amended to read as follows:

Section 3409.6.14 Elevator control. Evaluate the passenger elevator equipment and controls that are available to the fire department to reach all occupied floors. Elevator recall controls shall be provided in accordance with the Florida Fire Code. …

Section 3409.6.14.1 is amended to read as follows:

Section 3409.6.14.1 Categories. The categories for elevator controls are:

1.

Category a — No elevator.

2.

Category b — Any elevator without Phase I and Phase II recall.

3.

Category c — All elevators with Phase I and Phase II recall as required by the Florida Fire Code.

4.

Category d — All meet category b or category c where permitted to be without recall; and at least one elevator that complies with new construction requirements serves all occupied floors.

(Ord. No. 2002-263-E, § 1)

Fire Limits

Subtitle A - BUILDING CODE Chapter 321 - ADOPTION OF BUILDING CODE