§ 7.1.3. Building Code.

(A)

Adopted by reference. The 2001 Florida Building Code, as amended, and the amendments to the 2001 Florida Building Code as adopted by Palm Beach County are hereby adopted and incorporated as if set forth herein, except as amended in Section 7.1.2(B) of this Article. This Article also adopts the 1999 Windborne Debris Impact Standard (SSTD 12-99). If a later edition of this code or subsequent amendments are made to the applicable minimum code, then those revisions or amendments shall automatically become the adopted code under this chapter. [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(1)

Appeals concerning interpretation or administration of the provisions of this chapter shall be heard by the Board of Adjustment. [Amd. Ord. 47-07 10/16/07]; [Amd. Ord. 21-96 7/9/96]; [Amd. Ord. 21-91 2/26/91]

(B)

Amendments and additions to Code. The following amendments and additions are made to the 2001 Florida Building Code adopted by this subchapter: [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(1)

Unity of title declaration. When it is found necessary in order to obtain a building site plan of sufficient size and dimension to meet the minimum applicable yard requirements, setback distances or lot area that separate lots, plots, parcels or portions thereof, must be combined, added or joined together the applicant for such building permit shall first place on file or record as a public document in the official records in the office of the Clerk of the Circuit Court of Palm Beach County, an instrument hereinafter referred to as a Unity of Title Declaration. Such Unity of Title Declaration shall be in a form and content sufficient to unequivocally state that the aforesaid combination of separate lots, plots, parcels, or portions thereof shall be regarded as unified under one title as an indivisible building site. Where a Unity of Title has been recorded and the owner abandons the project before utilizing the Unity of Title, the Chief Building Official is authorized to release the Unity of Title. [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(2)

Survey. Before slab inspection or prior to framing, the Building Department shall be supplied two surveyors engineering plans certified by a Florida registered engineer or surveyor, showing setback distances from each property line to the stem walls or sills of the building or structure under construction. The Building Department shall also be furnish written certification from a Florida registered engineer or land surveyor, stating that the top of the floor slab is above the one hundred-year flood plain and a minimum of 18 inches above the crown of the road or measured to the bottom of the wood joists will be a minimum of 18 inches above the crown of the road. Should the property owner desire to set the floor elevation at less than 18 inches above the crown of the road, but above the one hundred-year storm or National Flood Insurance minimum elevations, then a variance may be granted by the City Engineer or designee if the applicant provides an acceptable justification letter from an engineering firm certifying the drainage conditions have been investigated, and the proposed floor elevation is above the flooding level. To determine whether the proposed floor elevation is above the flooding level, it must be shown that the structure has adequate drainage to ensure that flooding will not occur in a one hundred-year storm. No wall, however, shall be constructed which would exceed by over one foot the elevation of the floor slab before the stem wall survey has been submitted to the Building Department. [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(a)

Any violations existing at this stage of construction must be corrected before the construction may proceed and before other inspections are made. [Amd. Ord. 5-03 4/15/03]

(3)

Handicapped accessibility. The requirements of this section shall apply to all levels and areas of buildings and structures except as modified by the Florida Accessibility Code for Building Construction as amended. Refer to the Fair Housing Act for application in the case of multiple family residential units consisting of condominium or rental units. [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(4)

Cooling towers. [Amd. Ord. 5-03 4/15/03]; [Amd. Ord. 21-96 7/9/96]

(a)

Cooling towers in excess of 250 square feet in base area or in excess of 15 feet in height, when located on buildings more than 50 feet in height in or out of the fire district, shall be noncombustible construction; except that drip boards may be of wood not less than one inch nominal thickness and the enclosing framework may be of wood, if covered on the exterior of the tower with noncombustible material. Cooling towers shall not exceed one-third of the supporting roof area. [Amd. Ord. 5-03 4/15/03]

(b)

Positive provisions shall be made for adequate disposal of bleed water overflow and maintenance draining or properly designed drywells. All cooling towers shall be sited or constructed to prevent any nuisance due to spray, spatter, foaming, drainage or excessive noise or the like onto any building, walk, alley, or street, or the public in general. When after erection such nuisance is found in the opinion of the Building Official to occur, it shall be abated within a period of 90 days. [Amd. Ord. 5-03 4/15/03]