#141

Question 1: Does Section 108.1 allow the reopening or renewal of a temporary permit more than 180 days after the temporary structure was put into service?

Suggested answer:

Yes. The code section cited (Section 108.1) contemplates that extensions may be granted by the Building Official for “demonstrated cause”. This is also clearly within the statutory administrative authority granted to the local jurisdictions in administration of the Florida Code by Florida Statute Chapter 553.73(4)(a) and subject to local amendment.

[A] 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

FS553.73(4)(a) All entities authorized to enforce the Florida Building Code pursuant to s. 553.80 shall comply with applicable standards for issuance of mandatory certificates of occupancy, minimum types of inspections, and procedures for plans review and inspections as established by the commission by rule. Local governments may adopt amendments to the administrative provisions of the Florida Building Code, subject to the limitations of this paragraph. Local amendments shall be more stringent than the minimum standards described herein and shall be transmitted to the commission within 30 days after enactment. The local government shall make such amendments available to the general public in a usable format. The State Fire Marshal is responsible for establishing the standards and procedures required in this paragraph for governmental entities with respect to applying the Florida Fire Prevention Code and the Life Safety Code.

Question 2: Does either Section 108.2 or Section 3103 require temporary chain link fences in High Velocity Hurricane Zones meet the requirements of Section 2224.2 ?

Suggested answer:

No. Section 108.2 applies to all temporary structures, including those governed under the FBC Residential Volume. Section 3103 applies only to temporary structures which are governed under the Florida Building Code Building Volume, typically in commercial or multi-family venues. Neither would require compliance with Section 2224.2 which is applicable only to permanent fences located only in the High Velocity Hurricane Zone which is defined in Section 202 as Dade and Broward Counties. Section 108.2 is also clearly within the administrative authority granted to the local jurisdictions in administration of the Florida Code by Florida Statute Chapter 553.73(4)(a) and also subject to local interpretation and amendment.

[A] 108.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare.

SECTION 3103

TEMPORARY STRUCTURES

3103.1 General. The provisions of Sections 3103.1 through 3103.4 shall apply to structures erected for a period of less than 180 days. Tents and other membrane structures erected for a period of less than 180 days shall comply with the Florida Fire Prevention Code. Those erected for a longer period of time shall comply with applicable sections of this code.

3103.1.1 Permit required. Temporary structures that cover an area greater than 120 square feet (11.16 m2),

including connecting areas or spaces with a common means of egress or entrance which are used or intended to

be used for the gathering together of 10 or more persons, shall not be erected, operated or maintained for any purpose without obtaining a permit from the building official.

3103.2 Construction documents. A permit application and construction documents shall be submitted for each installation of a temporary structure. The construction documents shall include a site plan indicating the location of the temporary structure and information delineating the means of egress and the occupant load.

3103.3 Location. Temporary structures shall be located in accordance with the requirements of Table 602 based on the fire-resistance rating of the exterior walls for the proposed type of construction.

3103.4 Means of egress. Temporary structures shall conform to the means of egress requirements of Chapter 10 and shall have an exit access travel distance of 100 feet (30 480 mm) or less.

SECTION 202

DEFINITIONS

HIGH-VELOCITY HURRICANE ZONE. This zone consists of Broward and Dade counties.

SECTION 2224

HIGH-VELOCITY HURRICANE ZONES—CHAIN LINK FENCES

2224.1 Chain link fences in excess of 12 feet (3.7 m) in height shall be designed according to the loads specified in Chapter 16 (High-Velocity Hurricane Zones).

2224.2 Chain link fences less than 12 feet (3.7 m) in height shall be designed according to the loads specified in Chapter 16 (High-Velocity Hurricane Zones) or may be constructed to meet the minimum requirements specified in Table 2224.

Question 3: Is it a violation, of the Florida Building Code, if a temporary structure remains in service after expiration or closure of the permit under which it was built?

Suggested answers:

Yes – As to expiration. Expiration infers the work has not passed required inspections and/or has not been granted an extension. Barring an extension granted by the building official, a temporary structure must be removed after 180 days pursuant to Section 108.1. Pursuant to 105.4.1, all permits become invalid if the work is suspended or abandoned for a period of six months. Pursuant to Section 105.4.1.2 the building official is authorized to require any work commenced or completed be removed from the site if a new permit is not obtained within 180 days of the date the permit became invalid. Alternatively, the building official may issue a new permit requiring the work in place and remaining to be performed to comply with the current code.

No – As to closure. If by “closure of the permit” the question is intended to say a final inspection was approved and the permit is completed before the time limit listed in the temporary permit is reached, it must be stated that it is not uncommon for temporary structures permitted under Section 108.1 be inspected and approved and allowed to remain on site for the timeframe allotted by the local jurisdiction in the temporary permit, even if the permit itself is completed. These determinations are clearly within the administrative authority granted to the local jurisdictions in administration of the Florida Code by Florida Statute Chapter 553.73(4)(a) and subject to local interpretation and amendment.

A] 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions

of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of

this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by

such permit is suspended or abandoned for a period of six months after the time the work is commenced.

105.4.1.2 If a new permit is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial

permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit.