ORD 740-171
2 ORDINANCE NO. 740-17
3
4
5 AN ORDINANCE OF THE MIAMI SHORES VILLAGE
6 COUNCIL, AMENDING CHAPTER 6 — BUILDINGS AND
7 BUILDING REGULATIONS; OF THE VILLAGE'S CODE OF
8 ORDINANCES BY REPEALING THE CONTENTS OF
9 SECTION 6 -4 THROUGH SECTION 6 -7 IN THEIR
10 ENTIRETY AND ADOPTING NEW SECTIONS 6 -4
11 THROUGH 6 -7, EXEMPTING RESIDENTIAL SOLAR
12 PHOTOVOLTAIC SYSTEMS FROM BUILDING PERMIT
13 FEE REQUIREMENTS, REMOVING THE REQUIREMENT
14 FOR PAINT PERMITS AND UPDATING BUILDING PERMIT
15 FEES CONSISTENT WITH STATE STATUTES AND
16 COUNTY LAWS; PROVIDING FOR CONFLICTS,
17 PROVIDING FOR SEVERABILITY, AND PROVIDING FOR
18 AN EFFECTIVE DATE.
19
20 WHEREAS, the last update to the Chapter 6 Buildings and Building Regulations fees schedule
21 was over a decade ago; and,
22 WHEREAS, it is in the best interest of the village to update Chapter 6 Buildings and Building
23 Regulations to comply with State Statutes and County Laws; and
24 WHEREAS, the ordinance exempts residential solar photovoltaic systems from building permit
25 fee requirements and eliminates the requirement for paint permits for single family residences; and
26 WHEREAS, the ordinance updates building permit fees to make them consistent with state and
27 county statutes and reflect actual costs of service; and,
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL, that:
30
31 Section 1. The provisions and language currently contained in the Chapter 6 Buildings and
32 Building Regulations, Section 6 -4 through 6 -7 of the Miami Shores Village Code of Ordinances are hereby
33 repealed in their entirety.
34
35 Section 2. Simultaneously with the repeal effectuated by Section 1 above, Chapter 6
36 Buildings and Building Regulations, Section 6 -4 through 6 -7 is hereby amended by adopting a new Chapter
37 6 Buildings and Building Regulations, Section 6 -4 through 6 -7, as set forth in Exhibit A, attached hereto and
38 made a part thereof.
39
40 Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or
41 unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity
42 of the remaining portions of this Ordinance, which shall be deemed to be severable therefrom.
43
44 Section 4. All ordinances or parts of ordinances in conflict herewith or inconsistent herewith,
45 are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this
46 Ordinance.
47
48 Section 5. This Ordinance shall become effective immediately upon second and final
49 reading.
50
51
52
78 EXHIBIT A
79 Chapter 6 – BUILDINGS AND BUILDING REGULATIONS
:1
81 Sec. 6 -4. - Permits — Application generally.
82 (a) Required. No person shall erect or construct or proceed with the erection or construction of
83 any building or structure, nor add to, enlarge, move, improve, alter, convert, extend or
84 demolish any building or structure, or any group of buildings and /or structures under one or
85 joint ownership whether on one or more lots or tracts of land; or cause the same to be done
86 where the cost of the work is $100.00 or more in value; and on any remodeling or alteration
87 job of any value; without first obtaining a permit therefor from the building department, except
88 no permit shall be required to paint a single family residence and notwithstanding anything to
89 the contrary herein, no Village permit fees shall be charged in connection with permits for
90 residential solar photovoltaic systems. The provisions of this subsection which eliminate the
91 Village permit fees for residential solar photovoltaic systems, and only those provisions, shall
92 sunset, expire and stand repealed on December 31, 2022, (after which date fees shall be
93 charged in accordance with the remainder of this Chapter for permits for residential solar
94 photovoltaic systems) unless such provisions are reviewed and saved from repeal through
95 reenactment by the Village Council.
96 (b) Sketches of parking, driveway and drainage plans. Prior to the issuance of any building,
97 paving, grading and leveling or other permits, a suitable sketch must be presented to the
98 building and zoning department indicating the parking layout, proposed drainage on the
99 premises and indicating all driveways extending beyond the property line into the public right -
100 of -way. The drainage plan for premises shall meet with the approval of the department of
101 public works. The driveway plan must meet with the approval of the director of the building
102 and zoning department and the director of the public works department on all roads, and in
103 approving or rejecting the plan the directors shall determine that their decision is in the
104 interest of public safety and welfare, taking into consideration the volume of traffic to be
105 generated, its pattern and conflict with the adjacent road traffic; the number of driveways
106 proposed and their proximity to others in the area; location and proximity of median cuts;
107 visual clearances or obstruction at the driveways; angle and location of the driveway and its
108 intersection with the road; elevation of the driveway in reference to the road, and any other
109 such factors that may affect the safety and welfare of the public. In addition, all driveways
110 extending into state roads shall meet with the approval of the state road department.
111 (c) Parking restrictions. Applications for building or use permits shall indicate the area to be used
112 for parking and permits shall be issued stating that such area shall be so reserved and
113 developed. Recordable restrictions so reserving such area shall be required. Such area
114 reserved for parking area will be marked on the zoning maps and no permits for additional
115 use of such area shall be issued. Area reserved for parking in connection with any use shall
116 be under the same ownership as that of the use itself.
117 Sec. 6 -5. - Same — Surveyor's certificate and plan required.
118 As a requirement of the application for and the issuance of a building permit for a new
119 structure, an addition to an existing structure or for the moving of a building, there shall be
120 attached to the building plans a registered land surveyor's certificate and plan, on which plan
121 there shall be shown property corner stakes; property line dimensions; interior property line
122 angles; existing structures, their dimensions and relation to property lines; general elevation of
123 property; all existing utilities and related data; existing rights -of -way of streets, avenues, alleys,
124 courts, lanes, terraces; all easements of record; existing sidewalks, street zoning of record;
125 property zoning of record; building setbacks required by law; general block plan and other
126 pertinent survey data which may be required.
127 Sec. 6 -6. - Same — Issuance conditioned on compliance with zoning ordinance.
128 Before any permit is issued, all provisions of the Miami Shores Village Zoning Ordinance No.
129 270 and any amendments thereto shall be complied with, and the provisions of the building code
130 shall not be construed to repeal, supersede or modify any part of the Zoning Ordinance No. 270
131 or amendments thereto.
132 Cross reference— Zoning, App. A.
133 Sec. 6 -7. - Same —Fees.
134 Building permit fees: The building director or designee is authorized to charge and collect the
135 fees as were in existence prior to the effective date of this amended fee schedule for those
136 subcontract permits, i.e. electrical, plumbing, mechanical, etc., where the master building permit
137 was issued prior to the effective date of this amended fee schedule, and where there is submitted
138 written evidence such as a signed and dated copy of the subcontract entered into prior to the
139 effective date of this amended fee schedule.
140 GENERAL FEE SCHEDULE
141 (1) The building department shall charge and collect fees for permits and services in
142 accordance with the general schedule set forth below. In addition, the building
143 department shall charge and collect such other fees and surcharges as may be required
144 by applicable law, which, for example, at the time of adoption of this section would
145 include, but not be limited to the following.
146 (a) Dade County Surcharge: $0.60 per $1,000.00 cost of construction.
147 (b) Radon Gas Surcharge: $0.01 per square foot on new construction.
148 (c)Dept. of Community Affairs Surcharge: 1.0 percent of permit fee w /$2.00 Minimum
149 (d)Dept. of Business and Professional Reg.: 1.5 percent of permit fee w /$2.00 Minimum
150
151 The building department is also authorized to charge and collect the following municipal
152 fees and charges for the purposes set forth below in an amount determined by the
153 building department and authorized by the village manager.
154 (a) Training and Education Surcharge: $0.20 per $1,000.00 cost of construction, fee to
155 be used only to train Building Department personnel.(b) Technology Fee: All permit
156 fees for new construction, alterations or additions shall be accompanied by a
157 payment of a technology fee of 2.5% of the permit fee. All fees collected pursuant
158 hereto shall be set aside to offset the cost of computer system purchases or
159 technology expenditures within the Building Department.
160 (c) A $3.00 per sheet scanning fee for plans.
161 Where fees are based on estimated cost documentation requirement, the building
162 department may require the permit applicant to submit appropriate documentation as proof of
163 estimated cost of construction used to compute fees. Where fees are based upon "value ", the
164 building department may determine same based upon generally accepted published authorities,
165 and material, labor overhead and profit.
166
(2)
Minimum permit fee, all disciplines ..... $100.00
167
Exception: Re- occupancy ..... $60.00
168
(3)
Renewal of Expired Permit
169
(a) 50% of original building permit fee if renewed within 6 month of prior permit
170
expiration date.
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(b) 100% of original building permit fee if renewed after 6 moth from expiration date
172
of prior permit.
173
(4)
Re- inspection fees:
174
(a) First occurrence ..... $75.00
175
(b) Second occurrence ..... $100.00
176
(c) Third occurrence (the qualifier must meet inspector on job for re- inspection)
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150.00
178
(5)
Inspection fee (all disciplines) ..... $75.00
179
(a) After hour, and weekends ......... $125.00/Hr. Minimum of 3 Hours.
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Must be paid in advance (before 3:OOPM) and approved by Building Official.
181
182
(6)
Administrative Fee /Special Projects and Flood reviews ................$60.00
183
minimum.
184
(7)
Change of contractor (after permit has been issued):..... $110.00
185
(8)
Certificates of occupancy /certificates of completion— Mandatory for all work over
186
$15,000.00.
187
(a) Residential ..... $150.00
188
(b) Commercial ..... $200.00
189
(c) Emergency C.O. (without 24 hours processing) additional fee ..... $80.00
190
(d) Temporary or partial C.O. (90 days maximum) ..... $75.00
191
(1) Renewal of temporary C.O. (additional 90 days maximum) ..... $500.00
192
(2) Each additional 30 day period ..... $1,000.00
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(e) Certificate of completion for single family and duplex..... $50.00
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(9)
Work commenced without permit::----- - - - - -- Double the permit fee + $100.00, in no
195
event shall the applicant pay less than $130.00.
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2nd offence by same contractor, double permit fee + $200.00
197
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The payment of the required fee shall not relieve any person, firm or corporation
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from fully complying with all of the requirements of all applicable regulations and
200
codes, nor shall it relieve them from being subject to any of the penalties therein.
201
(10) Lost plans review: Whenever plans are lost by the owner or contractor, a
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recertification fee will be assessed to review, stamp and approve a new set of plans
203
as a field copy, or otherwise, in the amount of the lesser of 50 percent of the original
204
permit fee or $250.00.
205
(11) Permit card replacement ..... $26.50
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(12) Change to plans after permit is issued:
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(a) Minor changes (less than one hour of review time per discipline) ..... $40.00
208
(b) Major change of plans /submittal, per discipline (per hour) ..... $ 90.00
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If the proposed change represents a major alteration of floor plan and /or the
210
configuration of the structure involving extensive reexamination computation, the
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original permit shall be voided, and a new permit applied for, one -half of the original
212
permit fee collected may be applied to the new permit.
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(13) Application fee: Will be credited towards permit fee (non - refundable)
214
(a) Residential: Single family or duplex (per unit) ..... $200.00
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Three units or more (per unit) ..... $150.00
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(b) Commercial: Up to 2,500 square feet ..... $200.00
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Each additional 1,000 square feet or fraction thereof ..... $100.00
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(c) All other applications ..... $50.00
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(d) Maximum fee ..... $10,000.00
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(14) Preliminary plan review (If contractors are not known and /or all county agencies
221
have not reviewed and approved plans): This is a one -time service; the fee is non -
222
refundable and will not be credited towards permit fee.
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(a) Residential: Single family or duplex (per unit) ..... $360.00
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3 units or more (per unit) ..... $150.00
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(b) Commercial: Up to 2,500 square feet ..... $500.00
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Each additional 1,000 square feet or fraction thereof ..... $100.00
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(15) Correction resubmission: Not credited towards permit fee; paid at time of third and
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on all subsequent resubmissions of plans when plans have the same deficiencies
229
and have not been corrected per plans examiner's comments. ..... $40.00 per
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discipline or $10.00 /sheet
231
whichever is
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greater
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(16) Remodeling, alterations, additions and general repairs will be charged a permit fee
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based on a percentage of the value of the work including material, labor, overhead
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and profit:
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(a) Residential
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(1) Structural ..... 3.0 percent
238
(2) Electrical ..... 3.5 percent
239
(3) Plumbing /gas ..... 3.5 percent
240
(4) Mechanical ..... 3.5 percent
241
(b)
Commercial
242
(1) Structural ..... 3.0 percent
243
(2) Electrical ..... 3.0 percent
244
(3) Plumbing /gas ..... 3.0 percent
245
(4) Mechanical ..... 3.0 percent
246
(17) New construction — residential:
247
(a)
Structural ..... 3.0 percent
248
(b)
Electrical ..... 3.0 percent
249
(c)
Plumbing /gas ..... 3.0 percent
250
(d)
Mechanical ..... 3.0 percent
251
(18) New construction — commercial or industrial:
252
(a)
Structural ..... 3.0 percent
253
(b)
Electrical ..... 3.0 percent
254
(c)
Plumbing /gas ..... 3.0 percent
255
(d)
Mechanical ..... 3.0 percent
256
(19) Demolition permits:
257
(a)
Buildings (0 to 500 square feet) ..... $250.00
258
Plus per each additional 500 square feet or portion thereof ..... $50.00
259 (b) Walls, signs and all other ..... $50.00
260 (c) Electric, plumbing, mechanical, and gas permits ..... $100.00
261 (20) New business certificate of occupancy safety inspections ..... $95.00
262 (21) Structural engineer plan review fee ..... $120.00 /hr.
263 (22) Land clearing and grubbing ..... $100.00 fee plus $100.00 for each acre or portion
264 thereof.
265 (23) Building Certification (Miami -Dade Ord. 8 -11) .. ............................... $350.00
266 Additional fee for submittals 90 days to 179 days after due date ....$100.00
267 Additional fee for submittals 180 days to 363 days after due date... $300.00
268 Additional fee for submittal 364 days after due date ........................
269 $400.00/ year .............................. ...............................
270 (24) Truss plan, or product approval review submitted after permit issued: (per item) ...120 /hr.
271 (25) Windows/hurricane shutters ..... $100.00
272 Plus per wall opening ..... $10.00
273 (26) Concrete /asphalbpavers, slabs, driveways, sidewalks:
274 0 to 500 square feet ..... $100.00
275 Plus per each additional 500 square feet or fraction thereof ..... $25.00
276
(27) Roofing:
277
New roofing, replacing old roof, or repairs to existing roof
278
0 to 1,000 square feet ..... $250.00
279
Plus per each additional 1,000 square feet or fraction thereof ..... $25.00
280
(28) Awnings, canopies, and tents:
281
(a) Window awnings ..... $25.00 each
282
(b) Canvas and metal awnings ..... 3.0 percent of cost
283
(c) Trellises (each) ..... 3.0 percent of cost
284
(d) Tents and canopies ..... $100.00
285
(29) Sheds ........................................ ............................... $100.00
286
Shed with concrete slab .......................... ...............................
287
$150.00 (30) .............................. ............................... Screen Enclosures, Screen
288
Rooms ........................................... ............................... 3.0 percent
289
(2) Each additional 100 square feet or fraction thereof ..... $25.00
290
(31) Swimming Pools, Whirlpools, and Hot Tubs ................3.0 percent
291
Bond required from pool contractor on residential in ground pools, bond refunded
292
when final inspection has passed .................$500.00
293
294
(32) Fences and walls:
295
(a) All wire and wood fences:
296
$1.00 per linear foot ..... minimum of $100.00
297
(b) Concrete precast and masonry types
298
$2.00 per linear foot ..... minimum of $230.00
299
(33) Retaining walls and seawalls ..... 3.0 percent
300
(34) Docks (add subsection (33) if seawall) ..... 3.0 percent of cost
301
(35) Towers, poles, antennas ..... 3.0 percent of cost
302
(36) Sign erection permits ..... 3.0 percent of cost
303
(37) Physical building relocation:..... $500.00
304
(38) Decks, gazebos, trellises, pergolas:
305
(a) Decks (wood)
306
(1) 0 to 100 square feet ..... $100.00
307
(2) Each additional 100 square feet or fraction thereof ..... $25.00
308
(b) Gazebos, trellises, pergolas
309
(1) 0 to 100 square feet ..... $250.00
310
(2) Each additional 100 square feet or fraction thereof ..... $25.00
311 (39) Temporary trailers:
312 (a) Set -up and tie -downs ... $150.00
313 PLUMBING /GAS FEE SCHEDULE
314
(40) Remodeling, alterations, additions and general repairs:
315
(a) Residential plumbing /gas ..... 3.5 percent
316
(b) Commercial plumbing /gas ..... 3.0 percent
317
(41) New construction — residential plumbing /gas ..... 3.0 percent
318
(42) New construction — commercial or industrial plumbing /gas ..... 3.0 percent
319
(43) Sprinkler systems:
320
(a) Lawn sprinkler hook -up to water —up to 12 heads ..... $50.00
321
(b) Each additional head over original 12 ..... $1.00
322
(44) Swimming pools:
323
(a) Residential ..... $150.00
324
(b) Commercial ..... $200.00
325
(c) Above ground pools, Jacuzzis ..... $50.00
326
(45) Temporary trailer plumbing hook -up, sewer, back flow, water ..... $100.00
327 MECHANICAL FEE SCHEDULE
328 Note —If H.P. not known, substitute B.T.U.H.
329
(46) Remodeling, alterations, additions and general repairs:
330
(a) Residential mechanical ..... 3.5 percent
331
(b) Commercial mechanical ..... 3.0 percent
332
(47) New construction — residential mechanical ..... 3.0 percent
333
(48) New construction- commercial or industrial mechanical ..... 3.0 percent
334
(49) Smoke control /management system test, per zone, each test ..... $500.00
335
(50) Test and balance submittal:
336
(a) First ten pages ..... $40.00
337
(b) Each page over ten ..... $3.25
338
(51) BOILERS
339
(a) The following fees apply to each boiler to be installed:
340
(b) Boilers less than 837 MBTU (up to 25 hp), Each ...............................
341
$150.00
342
(c) Boilers 837 MBTU to 6,695 MBTU (26 hp to 200 hp), Each ..........
343
$180.00
344
(d) Boilers 6,696 MBTU and up (over 200 hp), Each . ...............................
345
$250.00
346
(e)
Steam driven machinery, Each ................... ...............................
347
$130.00
348
(f)
Boiler Repair, (per $1,000 value) ..................... ...............................
349
$20.00
350
(g)
Unfired pressure vessels (compressors) .......... ...............................
351
$100.00
352
353
(52) FEES FOR PERIODIC INSPECTIONS (Minimum Fee $130.00)
354
(a)
Steam Boilers, each .................................... ...............................
$
355
250.00
356
(b)
Hot Water Boilers, each ................................ ..............................$
357
130.00
358
(c)
Unfired Pressure Vessels (compressors), each ...... ..............................$
359
130.00
360
(d)
Miniature Boilers, each ............................... ...............................
$
361
130.00
362
(e)
Certificate of inspection (where inspected by insurance
company), each
363
$150.00
364
(f)
Piping (per 1,000.00 of value) ......................... ...............................
$
365
20.00
366
(g)
Air Compressor (operating at pressures in excess of 60 PSI and
having volume
367
of more than 5 CU -FT), each pressure vessel .......... ...............................
$
368
150.00
369
370 ELECTRICAL FEE SCHEDULE
371 (53) Remodeling, alterations, additions and general repairs:
372 (a) Residential electrical ..... 3.5 percent
373 (b) Commercial electrical ..... 3.0 percent
374 (54) New construction — residential electrical ..... 3.0 percent
375 (55) New construction— commercial or industrial electrical ..... 3.0 percent
376 (56) Refunds (cancelled permits):
377 A portion of the fees charged and collected pursuant to this schedule, provided
378 the same are for a permit required by the Florida Building Code, may be refunded
379 by director of the building department.
380 Percentage of permit fee (for canceled jobs) to be refunded with the following
381 stipulations:..... 50.0 percent
382 (a) Refund request shall be submitted in writing by permit applicant.
383 (b) No refunds for:
384 1. Permit fees $100.00 or under.
385 2. Plan review.
386 3. Permits, if any inspections scheduled or logged.
387 4. Permits on jobs that expired prior to request.
388 5. Fees collected for state or county.
389 (57) Installation, repair, or excavation of sanitary and storm sewers, waterlines,
390 gas lines, buried electric, telephone, CA TV or other underground utilities:
391 (a) $1.00 per linear foot ..... minimum of $100.00
392
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APPROVED on first reading this 17th day of October, 2017.
PASSED AND APPROVED on second reading this 7th day of November, 2017.
ATTEST:
APR ED A;S TO FORM:
-p- "L
Richard Sarafan
Village Attorney