City of Miami Beach


Part 2

What is the Construction Lien Law?
The new "Construction Lien Law" (Chapter 713, Florida Statutes, as amended) is the current law which replaces the older Mechanics Lien Law. The Construction Lien is a method by which a contractor may claim a lien on real property which they have performed work or provided materials.

Does the Construction Lien Law apply to me?
Yes! If . . . . . .

You own an interest in real property that is being improved. The cost of the improvements exceeds $2,500.00. You are employing someone other than yourself to supply materials and labor

When did the Construction Lien Law become effective?
Section 13 (conditional payment of bonds, certificates of payment, and notices of contest), Section 17 (misapplication of funds), and Section 29 (enacting paragraph), take effect on October 1, 1990. The other amendments are effective January 1, 1991. These amendments modify the existing Mechanics Lien Law.

Why should I, as a future home builder, be concerned about the Construction Lien Law?
Because a failure to make proper construction payments can result in a lien being filed which may result in your property being sold to satisfy the debt.

Can a homeowner be compelled to pay two (2) times for the same work?
Yes! When the homeowner doesn't make sure the construction payments are proper, he/she can again be required to pay an unpaid laborer, material man, subcontractor, or sub-subcontractor to the extent of services rendered and not compensated.

Who is affected by the Construction Lien Law?
(With few exceptions), Every person who is improving property in the State of Florida.

As a homeowner, what steps can I take to protect myself?
Before you begin construction, file a Notice of Commencement with the Clerk of the Circuit Court in the county where the work will be performed, and post a certified copy at the job site.
Before you make any payment on the job, make sure you received a Final Release of Lien from your contractor covering the work performed.
Before final payment is made, make sure you receive a Final Release of Lien from your contractor covering all laborers, material suppliers, contractors, subcontractors, and sub-subcontractors.

Under No Circumstances should you make payment without receiving a Release of Lien!!!!!

What is a Demolition Permit?
There are three types of demolitions permit namely:

A. Full Demolition Permit: All full demolition permits are pulled by persons who are general contractors (State or County) or Dade County Specialty license in demolition or engineering. B. Partial Demolition Permit: All requirements for full demolition permit applies except the it is not necessary to notify the Utility companies. The contractor shall get his electrical and plumbing contractors to pull proper permits for disconnections. When the disconnection has already been done, the contractor shall state in writing that he is responsible for all disconnections. Where the demolition involves removal of any structural members, a shoring plan must be submitted. The shoring plan has to demonstrate how the remaining portion of the building will be supported. The plans have to be signed & sealed by a professional engineer registered in the State of Florida. C. Exploratory Demolition Permit: This permit can only be issued to the contractor with the approval of the Building Official. It is issued for exploratory inspection to help the Contractor, Architect and/or Engineer determine the extent of the deterioration of the building.

What must the contractor/engineer submit for a Demolition Permit?

Copies of all licenses & insurances;

Complete the building permit application form, specifying the square footage of total demolition area and value of the demolition project;

Owner's affidavit (signed & notarized);

Proof of ownership for property to be demolished;

Asbestos form completed and signed by D.E.R.M.;

In some cases the survey of the property may be required for proper identification of the building be demolished;

Contractor must notify Public Works Department for sidewalk bond, sewer cap fee and hydrant/water utilization permit;

Contractor must notify Utility Billing Department of the City of Miami Beach to clear all liens and pending bills on the property;

Contractor must notify all utility companies (Florida Power and Light, Peoples Gas Company and Southern Bell Telephone Company);

Contractor should also notify the Design Review Board for the City of Miami Beach;

How long does it take to process a Demolition Permit?
Demolition permits take three (3) or more weeks for processing.

What is an Inspection?
Once a permit has been issued and work has begun, inspections are performed by the City's inspectors at intervals designated by the South Florida Building Code. Simply stated, an inspections is required prior to concealing any part of the construction. The building permit that is issued will indicate the types of work that requires inspections and when to call for one. This permit must be displayed on the job site. The contractor should call the Building Department when the stage of work indicated on the building permit has been completed.
Failure to comply with the inspection requirements could result in a request to dismantle any work done beyond the inspection stage.

Large or unusual structures, according to the South Florida Building Code 105.13, require a full-time inspector to be on the site. This inspector is hired by the owner but serves as a deputy for the city's building official. This special inspector is responsible for structural inspections and the City may perform complementary inspections. The special inspector is required to submit a Certificate of Compliance to the building official once the work is completed. (SFBC 105.13 (a-d) The City may also require a special inspector for threshold buildings as defined by Florida Statute 553.71.

What is a Special Inspector?

305.3 SPECIAL INSPECTOR

A) The Building Official may require the owner to employ a Special Inspector for the inspection of the structural framework, or any part thereof, as herein required:

(1) Unusual size or height
(2) Complexity of design
(3) Method of construction
(4) Staffing capabilities of the Building Official
(5) Prevailing weather condition on the job site and safety hazards associated with making required inspections.
B) Such Special Inspector shall be a licensed Architect or registered Professional Engineer or a duly accredited employee representing either. The Special Inspector shall assume the same responsibility as the Building Official and shall submit to the Building Official progress and inspections reports.

C) At the completion of the construction work or project, the Special Inspector shall submit a Certificate of Compliance to the Building Official, stating that the work, to the best of his knowledge or belief and professional judgement, is in substantial accordance with the approved plans; and his duties shall end with the submission of such certificate. Final inspection shall be made by the Building Official before the Certificate of Occupancy is issued.

D) The Building Official shall periodically observe the construction work during the course of the job, but mandatory building inspections, except for the final inspection, shall not be required in addition to the Special Inspector.

Once all the work has been completed and all final inspections are made, special documentation may be needed before opening for business. Residential building are exempt from the licensing process, however, commercial buildings must obtain the required certificates prior to opening. The employees of the Code Enforcement Department/Licensing Division will guide the building owners through the process.

Effective Immediately, the following procedure will be enforced:

(a) If any sheathing is replaced during a re-roofing job, before we can approve the anchor sheet installation, the sheathing must be inspected for proper code compliance (SFBC 2909.2). (b) If no sheathing has been replaced, a sworn statement signed by the owner (SEE FORMS), must be provided to the roofing inspector at the time of initial inspection, stating that, to the best of his/her knowledge, no sheathing has been replaced. (c) The above items also apply when accepting special inspector's reports. In this case the homeowner must sign the report stating compliance of items a and b.

What is the Scope of Inspection?
Fundamental purpose of the required inspection and report is to confirm in reasonable fashion that the building or structure under consideration is safe for continued use under present occupancy. As implied by the title of this document, this is recommended procedure, and under no circumstances are these minimum recommendations intended to supplant proper professional judgement.
In general, unless there is obvious overloading or significant deterioration of important structural elements, there is little need to verify the original design. It is obvious that this has been time tested, if still offering satisfactory performance. Rather it is of importance that the effects of time, with respect to degradation of the original construction materials, be evaluated. It will rarely be possible to visually examine all concealed construction, nor should such be generally necessary, however, a sufficient number of typical structural members should be examined to permit reasonable conclusions to be drawn.

VISUAL EXAMINATION will, in most cases, be considered adequate when executed systematically. Surface imperfections such as cracks, distortion, sagging, excessive deflections, significant misalignment, signs of leakage and peeling of finishes should be viewed critically as indications of possible difficulty. TESTING PROCEDURES and quantitative analysis will not generally be required for structural members or systems except for such cases where visual examination has revealed such need, or where apparent loading conditions may be critical. MANUAL PROCEDURES such as chipping small areas of concrete and surface finishes for closer examinations are encouraged in preference to sampling and/or testing where visual examination alone is deemed insufficient. Generally, unfinished areas of buildings such as utility spaces, maintenance areas, stairwells and elevator shafts should be utilized or such purposes. In some cases, to be held to a minimum, ceilings or other construction finishes may have to be opened for selective examination of critical structural elements. In that event, such locations should be carefully located to be least disruptive, most easily repaired and held to a minimum. In any event, a sufficient number of structural members must be examined to afford reasonable assurances that such are representative of the total structure. Evaluating an existing structure for the effects of time, must take into account two basic considerations; movement of structural components with respect to each other, and deterioration of materials. With respect to the former, volume change considerations, principally from ambient temperature changes and possibly long time deflections, are likely to be most significant. Foundation movements will frequently be of importance, usually settlement, although upward movement due to expansive soils actually may occur, although infrequently in this area. Older buildings on spread footing may exhibit continual, even recent settlements if founded on deep unconsolidated fine grained or cohesive coils, or from subterraneous losses or movements from several possible causes. With very little qualifications, such as rather rare chemically reactive conditions, deterioration of building materials can only occur in the presence of moisture, largely related to metals and their natural tendency to return to the oxide state in the corrosive process. In the marine climate, highly aggressive conditions exist year round. For most of the year, outside relative humidity may frequently be about 90 or 95% while within air conditioned buildings, relative humidity will normally be about 55 to 60%. Under these conditions, moisture vapor pressures ranging from about 1/3 to pounds per square inch will exist much of the time. Moisture vapors will migrate to lower pressure areas. Common building materials such a stucco, masonry and even concrete, are permeable even to these light pressures. Since most of our local construction does not use vapor barriers, condensation will take place within the enclosed walls of the building. As a result, deterioration is most likely adjacent to exterior walls, or wherever else moisture or direct leakage has been permitted to penetrate the building shell. STRUCTURAL DETERIORATION will always require repair. Type of repair, however, will depend upon importance of member in the structural system, and degree of deterioration. Cosmetic type repairs may suffice in certain non-sensitive members such as tie beam and tie columns, provided that the remaining sound material is sufficient for the required function of the certain non-sensitive members. For members carrying assigned gravity or other leads, cosmetic type repairs will only be permitted if it can be demonstrated by mathematical analysis that the remaining material, if protected from further deterioration can still perform its assigned function and that of the other deterioration member acceptable stress levels. Failing that, adequate repairs or reinforcement will be considered mandatory. WRITTEN REPORTS shall be required attesting to each required inspection. Each such report shall note the location of the structure, description of type of construction, and general magnitude of the structure, the existence of drawings and location thereof, history of the structure to the extent reasonably known, and a description of the observed condition of the structure. The report shall also describe the type and manner of the inspection, noting problem areas and recommended repairs, if required to maintain structural integrity. EVALUATION each report shall include a statement to the effect that the building is structurally safe, unsafe, safe with qualifications, or has been made structurally safe for continued use and occupancy. In order to avoid unwarranted or restrictive interpretation of such statement, it is suggested that each report also include the following information indicating the actual scope of the report and limits of liability. This paragraph may be used: "As a routine matter, in order to avoid possible misunderstanding, nothing in this report should be construed directly or indirectly as a guarantee for any portion of the structure. To the best of my knowledge and ability, this report represents an accurate appraisal of the present condition of the building based upon careful evaluation of observed conditions, to the extent reasonably possible.

What is a Foundation?
If all of the supporting subterranean materials were completely uniform beneath a structure, with no significant variations in grain size, density, moisture content or other mechanical properties; and if dead load pressures were completely uniform, settlements would probably by uniform and of little practical consequence. In the real world, however, neither is likely. Significant deviations from either of these two idealisms are likely to result in unequal vertical movements.
Monolithic masonry, generally incapable of accepting such movements, will crack. Such cracks are most likely to occur at corners, and at large openings. Since, in most cases, differential shears are involved, cracks will typically be diagonal.

Small movement, in themselves, are most likely to be structurally important only if long term leakage through fine cracks may have resulted in deterioration. In the event of large movements, contiguous structural elements such as floor and roof systems must be evaluated for possible fracture or loss of bearing.

Pile foundations are, in general, less likely to exhibit such difficulties. Where such does occur, special investigation will be required.

What are Roofs?
Sloping roofs, usually have clay or cement tiles, are of concern in the event that the covered membrane may have deteriorated, or that the tile may have become loose. Large deflections, if merely resulting from deteriorated rafters or joists, will be of greater import. Valley flashing and base flashings at roof penetrations, will also be matters of concern.
Flat roofs with built up membrane roofs will be similarly critical with respect to deflection considerations. Actually, since they will generally be approaching expected life limits at the age when the building recertification is required, careful examination is important. Blisters, wrinkling, alligatoring and loss of gravel are usual signs of difficulty. Punctures or loss of adhesion of base flashing, coupled with loose counterflashing will also signify possible problems. Wind blown gravel, if excessive, and the possibility of other debris, may result in ponding, which if permitted, may become critical.

What are Masonry Bearing Walls?
Ransom cracking, or if discernible, definite patterns of cracking, will of course, be of interest. Bulging, sagging or other signs of misalignment may also indicate related problems in other structural elements. Masonry walls where commonly constructed of either concrete masonry units or scored clay tiles. Either may have been constructed with reinforced concrete columns and tie beams or lintels.
Of most probable importance will be the vertical and horizontal cracks where masonry units abut tie columns, or other frame elements such as floor slabs. Of interest here is the observation that although the raw materials of which these masonry materials are made may have much the same mechanical properties as the reinforced concrete framing, their actual behavior in the structure, however, is likely to differ with the respect to volume change resulting from moisture content, variations in ambient thermal conditions.

Moisture vapor penetration, sometimes abetted by salt laden aggregate and corroding rebars, will usually by the most common cause of deterioration. Tie columns are rarely structurally sensitive and a fair amount of deterioration may be tolerated before structural impairment becomes important. Usually, if rebar loss is such that the remaining steel area is still about 0.0075% of the concrete area, structural repair will not be necessary. Cosmetic type repair involving cleaning and patching to effectively seal the member, may often suffice. A similar approach may not be unreasonable for tie beams, provided they are not also serving as lintels. In that event, a rudimentary analysis of load capacity, using the remaining actual rebar area, may be required providing there is sufficient bond between the steel and concrete to transfer the design stress.

What are Floor and Roof Systems?
Cast in place reinforced concrete slab and/or beams and joists may often show problems due to corroding rebars resulting from cracks or merely inadequate protecting cover of concrete. Patching procedures will usually suffice where such damage has not been extensive. Where corrosion and spalling has been extensive in structurally critical areas, competent analysis with respect to remaining structural capacity, relative to actual supported loads, will be necessary. Type and extent of repair will be dependent upon the results of such investigation.
Precast members may present similar deteriorated conditions. End support condition may also be important. Adequacy of bearing, indications of end shear problems, and restraint conditions are important, and should be evaluated in at least a few typical locations.

Steel bar joists are, of course, sensitive to corrosion. Most critical locations will be web member welds, especially near supports, where shear stresses are high, and possible failure may be sudden and without warning.

Cold form steel joists, usually of relatively light gage steel, are likely to be critically sensitive to corrosion, and are highly dependent upon at least nominal lateral support to carry designed loads. Bridging and the floor or roof system itself, if in good condition, will serve the purpose.

Wood joists and rafters are most often in difficulty from "dry rot", or the presence of termites. The former (a misnomer) is most often prevalent in the presence of sustained moisture or lack of adequate ventilation. A member may usually be deemed in acceptable condition if a sharp pointed tool will penetrate no more than about one-eighth of an inch under moderate hand pressure. Sagging floors will most often indicate problem areas.

Gypsum roof decks will usually perform satisfactorily except in the presence of moisture. Disintegration of the material and the form-board may result from sustained leakage. Anchorage of the supporting bulb tees against uplift may also be of importance, with significant deterioration.

Floor and roof systems of cast in place concrete with self-centering reinforcing, such as paper backed mesh and rib-lath, may be critical with respect to corrosion of the unprotected reinforcing. Loss of uplift anchorage on roof decks will also be important of significant deterioration has taken place, in the event that dead loads are otherwise inadequate for that purpose.

What are Steel Framing Systems?
Corrosion, obviously enough, will be the determining factor in the deterioration of structural steel. Most likely suspect areas will be fasteners, weld, and the interface areas where bearings are embedded in masonry. Column bases may often be suspect in areas where flooding has been experienced, especially if salt water has been involved. Concrete fireproofing will, if it exists, be the best clue indicating the condition of the steel. Thin cracks usually indicate only minor corrosion, requiring minor patching only. Extensive spalling may indicate a much more serious condition requiring further investigation.

What are Concrete Framing Systems?
Concrete deterioration will, in most cases similarly be elated to rebar corrosion, possibly abetted by the presence of salt water aggregate or excessively permeable concrete. In this respect, honeycomb areas may contribute adversely to the rate of deterioration. Columns are frequently most suspect. Extensive honeycomb is most prevalent at the base of columns, where fresh concrete was permitted to segregate, dropping into form boxes. This type of problem has been known to be compounded in areas where flooding has occurred, especially involving salt water.
In spall areas, chipping away a few small loose samples of concrete may be very revealing. Especially, since loose material will have to be removed even for cosmetic type repairs, anyway. Fairly reliable quantitative conclusions may be drawn with respect to the quality of the concrete. Even though our cement and local aggregate are essentially derived from the same source derived from the same source, cement will have a characteristically dark greyish brown color in contrast to the almost white aggregate. A typically white, almost alabaster like coloration will usually indicate a possible cement deficiency. Split aggregate at shear lanes will usually indicate reasonable good overall strength. The original gradation of aggregate will also be apparent, as will the relative density as viewed with a low powered magnifying glass. Depending upon the structural importance of the specific location, this type of examination may obviate the need for further testing if a value of 2000 psi to 2500 psi is sufficient for required strengths, in the event that visual inspection indicates good quality for the factors mentioned.

What are Windows?
Window condition is of considerable importance with respect to two considerations. Continued leakage may have resulted in other adjacent damage and deteriorating anchorage may result in loss of the entire unit in the event of severe wind storms, even short of hurricane velocity. Perimeter sealants, glazing, seals and latches should be examined with a view toward deterioration of materials and anchorage of units for inward as well as outward pressures (suction), most importantly in high buildings.

What is Wood Framing?
Older wood framed structures, especially of the industrial type, are of concern in that long term deflections may have opened important joists, even in the absence of deterioration. Corrosion of ferrous fasteners will in most cases be obvious enough. Dry rot must be considered suspect in all sealed areas where ventilation has been inhibited, at bearings and at fasteners. Here too, penetration with a pointed tool, greater than about one-eighth inch, with moderate hand pressure will indicate the possibility of further difficulty.

What is Loading?
It is of importance to note that even in the absence of any observable deterioration, loading conditions must be viewed with caution. Recognizing that there will generally be no need to verify the original design, since it will have already been "time tested", this premise has validity only if loading patterns and conditions remain unchanged. Any materials change in type and/or magnitude of loading in older buildings should be viewed as sufficient justification to examine load carrying capability of the affected structural system.

What types of inspections need to be requested?
Foundation
Grade Beams
Slabs
Tie Columns/floor Columns
Tie Beams/floor Beams
Final Firestopping
Framing
Insulation
Single Ply or Built-up Roof
Mortar Set Tile
Whole Roof Final
Curtain Walls
Store Front
Lathing
Drywall or Screw
Windows or Doors
Floor Final

What types of Roofing Inspections are required?

Built-up Roof
Anchor Sheet (Tin Cap/mopping)
Final
Nail on Tile
Anchor Sheet (Tin Cap/mopping)
Tile Placing
Final
Mortar Set Tile
Anchor Sheet (Tin Cap/mopping)
Cap Sheet
Tile Placing
Final
Asphalt Shingle
Anchor Sheet (Tin Cap/mopping)
Final
Single Ply (Epdm, Wood Shakes, Etc.)
Time of Installation
Final

What if the City of Miami Beach Building Department's records are incomplete or inaccurate?
The contractor should visit the City of Miami Beach Building Department office with documentation to that effect. An example of documentation your contractor may submit is the Permit Card showing proof that inspections were performed by a Building Inspector.

What if permits were obtained and the work was never performed or duplicate permits were issued for the same work?
Request cancellation of the permits by writing a letter to the City of Miami Beach Building Department at 1700 Convention Center Drive, 2nd Floor, Miami Beach, Florida 33139 Attention: Building Official. In your letter please be sure to give the permit number, job address and reason for cancellation. This letter should be signed by the contractor. There is also a cancellation form you can download.

What if the job was halted due to legal action or a dispute with the contractor?
If the contractor started the job but did not complete the work due to legal action or a dispute, you need to submit documentation to the effect to the City of Miami Beach Building Department. Examples of documentation would be a complaint filed against the contractor or court records of pending legal action. We will consider granting a compliance extension until the resolution of the complaint or legal action, provided no life-safety violations exist. However, eventually wither the original contractor will need to complete the work, you will need to hire a new contractor to complete the work or you could complete the work yourself as an Owner-Builder. In order to complete the work as an Owner-Builder you must have the experience, knowledge and ability required to perform the work in accordance with the South Florida Building Code. If the current contractor does not complete the work, you will need to transfer the permit to your new contractor or to yourself as an Owner-Builder, if you qualify, prior to performing any work or calling for mandatory inspections.

What do I do to transfer the permit to a new contractor or to myself as the owner-builder?
You will need to complete a Contractor Transfer Form authorizing a new contractor to complete the work or requesting to complete the work as an Owner-Builder.
If the new contractor will complete the work, he will need to submit a Building Work Permit Application, a Owner's Affidavit, a Contractor Transfer Form and a letter from you the owner stating you paid original permit fees or the previous contractor stating previous permit fee were paid by the owner.
If you plan to do the work as an Owner-Builder you will need to complete a Building Work Permit Application, a Owner's Affidavit/Hold Harmless letter, a Contractor Transfer Form and a letter from you the owner stating you paid original permit fees or the previous contractor stating previous permit fee were paid by the owner. You will be given a verbal test to insure you have the experience and knowledge of the South Florida Building Code required to perform the work.

What if one of the outstanding requirements under the permit was not required or not performed? For example, an electrical upgrade was shown on the original plans, however, it was nor performed.
In order to delete a portion of the work from the original permit the contractor (or owner-builder) will need to visit our Building Department office during the designated processing hours with a revised set of plans. He or she will be required to complete a new walk-thru process to obtain the necessary approvals under a miscellaneous receipt number.

What if a duly qualified and pre-approved Special Inspector performed the mandatory inspections at the time of construction?
If the required mandatory inspections were performed by a Special Inspector pre-approved and pre-qualified by us at time of construction the contractor must submit the inspection reports to the Building Department's office so the results of the inspection can be made part of the official record. The inspection reports should contain the dates the inspections were performed and any comments made by the Special Inspector at time of inspection. All inspection reports must be signed and sealed by a licensed architect or engineer.
Once those inspection have been made part of our records the contractor (or owner-builder) is still required to call for any mandatory inspections that were no performed by the Special Inspector and the final inspection must be performed by our inspectors.

What if the work was performed and mandatory inspections were never called for and a Special Inspector was not retained to perform the inspections?
Your contractor is required to extend the permit or call for the mandatory inspections.

What is the procedure and fee for extending a permit?
Your contractor can apply for a permit extension by completing a Permit Extension Form, getting the Building Official's approval and submitting it with a $ 65.00 extension fee prior to the permit expiration.
Where a permit has become null and void pursuant to Section 304.3(d) of the South Florida Building Code, and no work, as evidenced by at least one recorded inspection, has been made by the department, a credit of fifty percent (50%) of the original permit fee covering the same project and involving the same plans shall be given, provided that a complete reapplication is made within six (6) months of the expiration date of the original permit and provided that no refund has been made according to this section. Said reapplication must be submitted with the plans and the applicant's validated copy of the original permit. The amount of this fee shall be, at least, equal to or higher than the minimum fee for the trade concerned.

After the contractor has extended the permit(s) how does he or she obtain approval of inspections for which construction has been completed or where parts of the work performed are no longer accessible for inspection?
As the permit holder it is the contractor's duty to cause the work to remain accessible and exposed for inspection purposes. Furthermore, the City of Miami Beach is not liable for any expense incurred in the removal or replacement of any material for purpose of performing a required inspection.

If the construction has been completed or if parts of the work performed are no longer accessible for inspection, the contractor will need to remove or replace material for the purpose of the inspection. In certain cases we may allow you to retain a duly qualified Florida licensed engineer or architect to investigate, inspect and perform any required testing in order to certify that the work was performed to code.

Inspection reports submitted by State of Florida duly licensed engineers and architects must indicate the scope of his or her inspection and methods used to ascertain compliance with the permit documents. All inspection reports must be signed and sealed. All final inspections shall be performed by Building Inspectors.


Go to Building Index, Part 1, Part 2, Part 3, Part 4, or I.V.R.


The information contained in this section was complied from the most frequently asked questions. Thanks to the employees of the Building Department. For comments, questions, of more information, please call (305) 673-7610.