AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF SEWALL'S POINT, FLORIDA, AMENDING CHAPTER 50 OF THE CODE OF ORDINANCES OF THE TOWN OF SEWALL'S POINT, ENTITLED "BUIDINGS AND BUILDING REGUATIONS"; PROVIDING FOR THE AMENDMENT OF SECTION 50-31 ENTITLED 'NATIONAL ELECTRICAL CODE; PROVIDING FOR THE AMENDMENT OF SECTION 50-94 ENTITLED CONDITIONS OF THE PERMIT"; SECTION 50-95 ENTITLED PERIOD OF COMPLETION OF WORK UNDER PERMIT"; PROVIDING FOR THE CREATION OF NEW CODE SECTIONS 50-114 TO BE ENTITLED "QUALITY CONTROL" AND 50-115 TO BE ENTITLED "PERMITTING, PLAN REVIEW AND INSPECTION"; PROVIDING FOR THE AMENDMENT OF SECTION 50-137 ENTITLED "REVOCATION OF CERTIFICATE OF OCCUPANCY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Town of Sewall's Point, Florida is a duly constituted municipality

having such power and authority conferred upon it by the Florida Constitution and Chapter

166, Florida Statutes; and

WHEREAS, the Town Commission has adopted general provisions pertaining to

buildings and building regulations in the Town's Code of Ordinances, which have been

codified in Chapter 50 of the Code of Ordinances; and

WHEREAS, Town staff has recommended to the Town Commission that Sections

50-31, 50-94, 50-95 and 50-137 of Chapter 50 of the Town Code be amended, and that

Sections 50-114 and 50-115 be created in furtherance of the public's health, safety and

general welfare; and

THIS PAGE AND THE FOLLOWING 4, HAVE BEEN POSTED THRU A SCAN WITH SOME DISTORTIONS. Our corrections and changes are noted in bold italics. This posting is not in anyway meant to replace the original re-write of this Ordinace. Do not use this as your guide in acquiring a building permit. Go to Town Hall and get an original!

WHEREAS, the Town Commission has reviewed these recommendations and has

determined that amending Sections 50-31, 50-94, and 50-137 and creating Sections 50-

114 and 50-115 is necessary to further the public's health, safety and general welfare.

NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE

TOWN OF SEWALL'S POINT, FLORIDA:

Section 1. The whereas clauses are incorporated herein as true and correct and

as the findings of the Town Commission.

Section 2. Chapter 50, Sections 50-31, 50-94, 50-95 and 50-137 are hereby

amended, and Sections 50-114 and 50-115 are hereby created to read as follows:

Sec.    50-31 National electrical code.

 There The National Electrical Code (NFPA 70) as adopted by reference in the Florida Building Code, is hereby adopted as a the electrical code for the Town, except to the extent of conflict with other ordinances and resolutions of the Town. Tthe 2002 edition of the most current adopted version of National Electrical Code and amendments, additions and deletions is on file in the office of the town building official.

Sec. 50-94. Conditions of the permit, final inspection required.

(a) 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. Failure to obtain an approved inspection within 180 days of the previous approved inspection shall constitute suspension or abandonment. One or more extensions of time, for periods not more than 180 days each, may be allowed by the building official for the permit, provided the extension is requested in writing and justifiable cause is demonstrated prior to the expiration date. The building official shall record the extension of time granted.

(1) If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work.

(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


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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.

(3) Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process.

(b) A final inspection is required for all permits issued under this section. Any permit that has not received a successful final inspection within 180 days of permit issuance, or the previous inspection, whether successful or not, shall become null and void and subject to the same requirements provided in subsections (a)(1) and (2) of this section.

All of the following has been deleted:

Sec. 50-95.

 Any construction of any dwelling must be completed within 12 months from the date of the issuance of a building permit, unless the owner qualifies for an extension. The owner qualifies for an extension if the building is red-tagged by the building official and the applicant applies for relief to the board of zoning adjustment. The time frame from the issuance of the red tag until the removal of the red tag after appeal to the board of zoning adjustment will be added to the building permit's one year time frame. If construction is not completed within the time frame as stated above, the town will not issue a certificate of occupancy, and the owner will have to reapply to the town for a new building permit. Upon reapplying to the town for a new building permit, the owner will have two options: (1) the owner may renew the permit for another year and pay again to the town a fee equal to the original fee for such the original building permit or (2) the owner may pay ten percent of the cost of the original building permit for each month the applicant exceeds the expiration date, including extensions, of the original building permit up to a maximum of six months from the date the original permit expires. If the building does not have an unconditional certificate of occupancy after six months, the applicant must then buy another building permit for one year and pay to the town a fee equal to the fee for the original building permit. The new permit shall provide that the building must be completed within one year or a certificate of occupancy shall not be issued and a further permit will be necessary 

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cost of the original building permit for each month the applicant exceeds the expiration date, including extensions, of the original building permit up to a maximum of six months from the date tho original permit expires. If the building does not have an unconditional certificate of occupancy after six months, the applicant must then buy another building permit for one year and pay to the town a fee equal to the fee for the original building permit. The new permit shall provide that the building must be completed within one year or a certificate of occupancy shall not be issued and a further permit will be necessary. All of the above has been stricken, the following applies:

 (a) Permits issued under this section for sinqle-family residences and their accessory dwellinqs or the substantial improvement of a sinqle-family residence shall be valid for a period of 24 months. The Buildinq Official may approve a renewal extension of up to 180 days, if qood cause is demonstrated as determined, for a fee not to exceed twenty-five (25) percent of the oriqinal permit fee.

(b) In the event all work is not completed and a certificate of occupancy has not been issued within the 180 day extension period by the Buildinq Official, a contractor/owner may apply for one or more additional extension. Additional extensions may be qranted by the Buildinq Official when qood cause is demonstrated, for one month periods, at a fee not to exceed 10 percent of the oriqinal buildinq permit fee, per month.

(a) Projects that are expected to exceed 30 months of construction time due to size and or complexity may be exempted from renewal fees enumerated herein when previously aqreed to at the time of permittinq, in writinq with the Buildinq Official. Permit fees for projects of this nature will be calculated based on a rate of one per cent annually or fraction thereof.

(b) However, in the aftermath of a natural disaster when it is impossible or impracticable to continue construction on permitted projects, the permit validation period may be suspended or extended by resolution of the town commission on recommendation of the Buildinq Official for as lonq as the natural disaster continues and causes a shortaqe of supplies and or skilled labor in the area.

Sec. 50-114. Quality control.

Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein.

Sec. 50-115. Permitting, plan review and inspection.

The permittinq, plan review or inspection of any building, system or plan by the town, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such buildinq, system or plan or their adequacy. This town shall not be liable in tort for damages or hazardous or illeqal condition of inadequacy in such building, system or plan, nor if any failure of any component of such, which may occur subsequent to such inspection or permittinq. Further, no buildinq department employee shall be liable in tort for damaqes from such conditions, in accordance with Section 768.28(9) (a), Florida Statues, as it may be amended from time to time.

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