§ 7.1.6. Threshold buildings.

(A)

Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1)

Special inspector. In accordance with F.S. S 553.79(5)(b), an individual: [Amd. Ord. 21-96 7/9/96]

(a)

Certified in accordance with Department of Business and Professional Regulations, Florida Statute 468, Part XVII. [Amd. Ord. 21-96 7/9/96]

(b)

Licensed or Registered Under Florida Statutes: Chapter 471 as an Engineer or Chapter 481 as an Architect; [Amd. Ord. 21-96 7/9/96]

(2)

Threshold building.

(a)

In accordance with F.S. § 553.71, any building or structure which meets either of the following criteria:

(b)

Is greater than three stories or 50 feet in height;

(c)

Has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.

(3)

Alterations or additions to existing buildings which by themselves satisfy any of the standards for a "Threshold Building" are subject to this subchapter. This subchapter is also applicable to structures not intended for human occupancy such as transmission towers, antennae, signs, and the like.

(B)

Special inspection services; procedures. In accordance with F.S. 553.79(5)(a) which requires that a special inspector be present at the construction of and inspect the structural components of a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record, and shoring and reshoring plan as accepted by the Building Official:

(1)

The Building Official shall not issue a building permit for a structure which meets the criteria for designation as a threshold building until the following documents have been filed with the Building Department.

(a)

A copy of the written agreement between the owner and the special inspector retaining the special inspector to provide services as described in Subsection 7.1.6(C) and required by any provision of this section.

(b)

Special inspectors preconstruction affidavit as set forth in Subsection 7.1.6(D).

(c)

A copy of the special inspectors professional liability insurance policy in an amount not less than $500,000.00 to cover all liability arising from the activities and responsibilities of the special inspector in connection with the proposed project. [Amd. Ord. 21-96 7/9/96]

(d)

A structural inspection plan prepared by the engineer or architect of record must be submitted to and approved by the Building Official. The structural inspection plan shall provide inspection procedures and schedules so that the building can be adequately inspected for safety in compliance with permitted documents. The structural inspection plan shall also provide for inspection to determine conformity with all shoring and reshoring plans submitted to and accepted by the Building Official.

(2)

The Building Official shall issue a stop work order upon notification that the special inspector has terminated his employment on the project and further work will not be permitted until a new special inspector's preconstruction affidavit with proof of insurance has been properly filed with the Building Department. In the absence of the notification, the Building Department shall not be responsible for ascertaining whether a special inspector continues to be employed. However, if the owner is unable to provide an affidavit of compliance as set forth in Subsection 7.1.6(E), at the completion of the project, the Building Department, in compliance with division (C) of this section, will be unable to issue a Certificate of Occupancy.

(3)

The Building Official shall not issue a Certificate of Occupancy for any threshold building unless a special inspector's affidavit of compliance is on file for all components shown on the structural inspection plan and on the shoring and reshoring plans. The form of the affidavit of compliance is set forth in Subsection 7.1.6(E). The Building Official shall rely solely upon the affidavit of compliance regarding the structural components set forth in the structural inspection plan and in the shoring and reshoring plans for purposes of issuing a Certificate of Occupancy. Although the Building Department may keep on file for purposes of public information, the special inspector's inspection reports, those reports need not be consulted by the Building Official for purposes of issuing a Certificate of Occupancy.

(C)

Responsibility of owner to retain special inspector.

(1)

It shall be the responsibility of the owner to retain a special inspector to inspect the structural components of the threshold building in accordance with the structural inspection plan prepared by the engineer or architect of record and to inspect the shoring and reshoring plans.

(2)

The owner shall execute a written agreement with the special inspector which sets forth the terms of employment, provides for adequate compensation, and which requires the special inspector to comply with the following requirements:

(a)

Have in force at all times during the inspector's contract with, or employment as, a special inspector on the threshold building, professional liability insurance in an amount not less than $500,000.00 covering all liability arising from the employment and duties of the special inspector.

(b)

Complete the special inspectors preconstruction affidavit as set forth in Subsection 7.1.6(D).

(c)

Be present at the construction of, and inspect, the structural components of the threshold building in accordance with the structural inspection plan prepared by the engineer or architect of record as well as the shoring and reshoring plans. The licensed architect or registered engineer serving as the special inspector shall be permitted to send his duly authorized representative to the job site to perform the necessary inspections provided that all required written reports shall be prepared by and bear the seal of the special inspector and that these written reports shall be submitted to the enforcement agency.

(d)

Maintain adequate written records of each inspection indicating the name of the inspector, the date of inspection, the job site, the part of the structure prepared for placing, details on the actual placing operation, the materials used, whatever tests were conducted, information on curing, and whatever other information the special inspector deems necessary to show compliance or lack of compliance with the structural inspection plan and the shoring and reshoring plans. The owner shall require the special inspector to file copies of reports in accord with the directions of the Building Official, but in any event copies of all inspection reports shall be filed at the completion of the inspector's employment on the project.

(e)

Complete the special inspector's affidavit of compliance as set forth in Subsection 7.1.6(E) at the termination of the project, or the termination of the special inspector's employment on the project whichever occurs first.

(f)

In the case of termination of the inspector prior to the completion of the project, the employment agreement shall require the special inspector to:

(1)

Immediately notify the Building Department in writing of his termination;

(2)

Complete an affidavit of compliance for those portions of the structural components which he has inspected and which have been found to be in compliance;

(3)

Submit a true copy of reports on any and all inspections made on the threshold building to the Building Department.

(3)

[(4)] The owner may retain more than one special inspector during the course of the project. But, in any event the owner must be able to document to the Building Department by special inspector's affidavit of compliance as set forth in the structural inspection plan and shoring and reshoring plans have been inspected and have been found to be in compliance with specifications, plans, and applicable building codes

(4)

[(5)] Should the owner fail to comply with any requirement of this section, the Building Official may, as appropriate, deny a building permit for the threshold building, issue a stop work order on any or all phases of construction, deny a Certificate of Occupancy. [Amd. Ord. 21-96 7/9/96]

(D)

Preconstruction affidavit. In accordance with Subsection 7.1.6(B)(1) and (2) of this article, the owner shall require each individual or firm retained to provide services as a special inspector on a threshold building, to complete a special inspectors preconstruction affidavit which shall be filed with the Building Department and shall be in the following form: [Amd. Ord. 21-96 7/9/96]

I, (name) ____________ , hereby swear that I am a (professional qualification) ____________ , therefore qualified to be a special inspector for (name of building or project) ____________ under Florida Statute 553.79(5)(b) which requires that a special inspector be a person certified, licensed or registered under Florida Statute, Chapter 471 as an engineer or Florida Statute, Chapter 481 as an architect, and qualified by the State Board of Building Codes and Standards.

I further declare that I have adequate knowledge and training to inspect, determine, and evaluate the structural components of the threshold building for safety and to verify in accordance with the structural inspection plans that they comply with permitted documents as well as shoring and reshoring plans. I also state that I am not an employee of the general contractor nor any subcontractor and neither are any special inspectors working under my direction.

I agree to be present, or to have a representative under any supervision and direction qualified to make inspections on my behalf present, in conformity with the structural inspection plan and as needed for determining compliance with shoring and reshoring plans, to conduct required inspections, and to keep a written report of the inspection. The report shall set forth in detail any lack of compliance with plans, specifications, or applicable Minimum Building Codes. I agree to file reports in accordance with the directions of the Building Official. I understand that I shall be permitted to send a duly authorized representative to the job site to perform the necessary inspection provided that all written reports shall be prepared and bear my seal and that such written reports will be submitted to the Building Official.

I understand that I will be required to file a second affidavit at the completion of the project which shall state that I was present and inspected all, or in some cases certain enumerated, structural components of the building as required by the structural inspection plan and shoring and reshoring plans and deem them to be safe and find that the materials and workmanship comply fully with the plans, specifications and applicable Minimum Building Codes.

I understand that my affidavit shall be relied upon completely by the City of Delray Beach in issuing a Certificate of Occupancy.

If my (our) employment as a special inspector on this project terminates prior to completion for any reason, I agree to turn over to the Building Department a copy of my written reports on whatever structural components I have inspected or supervised the inspection of, up to the time of my termination.

I understand that the City of Delray Beach, Florida has no obligation to compensate me for my services as a special inspector, or to determine the amount of my compensation. I also understand that I am neither an employee nor an agent of the City.

I have in force at this time professional liability insurance in an amount not less than $500,000.00 to cover all liability arising from my (our) employment and duties as a special inspector on this project. I agree to hold harmless, save, indemnify and defend the City of Delray Beach from all liability arising out of my obligations, actions, failure to act and employment on this project.

(E)

Affidavit of compliance.

(1)

In accordance with Subsection 7.1.6(B)(3) owner shall require each individual or firm retained to provide special inspection services on the threshold building to complete a special inspector's affidavit of compliance on any and all structural components which the special inspector has inspected and has found to be in conformity with plans, specifications, and applicable minimum building codes. The form of the special inspector's affidavit of compliance shall be as follows:

I, (name) ____________ , being a (professional qualification) ____________ and therefore qualified under Florida Statute 553.79 to be a special inspector for the purposes of inspecting the structural components of the threshold building pursuant to the structural inspection plan on file with and accepted by the Building Department and the shoring and reshoring plans which have been accepted by the Building Department hereby swear that I, or my duly authorized representative have been present during the construction of and inspected the structural components of this building as required by the structural inspection plan and certify that the materials and workmanship of all such components have been safely constructed and comply fully with permitted documents and applicable Building Codes.

(2)

A Certificate of Occupancy will not be issued until a sworn-to special inspector's affidavit of compliance is on file for all items included in the structural inspection plan as well as the shoring and reshoring plan.

(F)

Submission of proposal to install alternate structural product or system required. Any proposal to install an alternate structural product or system to which building codes apply, shall be submitted to the Building Official for review for compliance with the codes and made part of the Building Department's recorded set of permit documents.

(G)

Shoring and reshoring installation. All shoring and reshoring procedures, plans, and details be submitted to the Building Department for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to be in compliance with the shoring documents by the contractor.

(H)

Plans to comply with applicable minimum building codes. All plans for threshold buildings and structures required to be signed and sealed by the architect or engineer of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes.

(I)

Permit to be issued to licensed general contractor. The Building Department shall not issue a building permit for construction of any threshold building except to a licensed general contractor as defined in F.S. § 489.105(3)(a) or a licensed building contractor, within the scope of his practice, as defined in F.S. § 489.105(3)(b). The named contractor to whom the building permit is issued shall have the responsibility to supervise, direct, manage, and control construction activities on the project for which the building permit is issued. [Amd. Ord. 21-96 7/9/96]