Part 4

When Is a Certificate of Occupancy (C.O.) Required ?

A Certificate of Occupancy (C.O.) is required for all new construction, additions or when a change of use is desired.

When is a Certificate of Occupancy (C.O.) Issued ?
A Certificate of Occupancy (C.O.) can be issued by the Building Department after all applicable final inspections are approved, all required documents are filed with the Building Department and all applicable fees are paid.

When is a Certificate of Completion (C.C.) Required ?
A Certificate of Completion (C.C.) Is required for all substantial remodeling, renovations and rehabilitations without any change in use.

When is a Certificate of Completion (C.C.) Issued ?
A Certificate of Completion (C.C.) can be issued after all applicable final inspections are approved, all required documents are filed with the Building Department and all applicable fees are paid.

What is an Occupant Load ?
The occupant load is the legal maximum number of people allowed to assemble in a place of business.

When is Occupant Load used ?
Occupant load is used in all places of business where there is an assembly of 50 or more people.

How is Occupant Load illustrated ?
Occupant load is shown on a sign which must be approved by the local Building Official and the Fire Marshall.

What are the Requirements for an Occupant Load Sign ?
A. 3 copies of floor plans drawn to scale.
B. Occupant load fee.

What Happens if a Business Operates without an Occupant Load ?
A building violation will be filed against the premises.

What are Accessibility Inspections?
GENERAL: At least one accessible route should be provided from parking transportation stops, accessible parking, accessible passenger loading zones, and public streets or sidewalks to the accessible building entrance they serve. (FAC 4.3.2)
PARKING:
1-Parking space dimension 12' min., 13' max. and 5' wide aisle. Two parking spaces can shear one aisle.

2-Parking space maximum cross slope 2%. (FAC 4.6.3.(2)).

3-Curb ramps should be located outside the parking space (FAC 4.6.3(3)).

4-Parking sign should be mounted 7' from pavement to bottom of the sign. (FAC 4.6.2(g)).

CURB RAMPS:
1-Curb ramps should be provided from a privately owned parking to the walkway level. (FAC 4.7.1(2))
2-Curb ramp maximum slope should be 1:12. (FAC 4.7.2)
3-The minimum width of a curb ramp should be 36" or 44" when it is a part of the required means of egress exclusive of flared sides. (FAC 4.7.3)
4-Flared sides should have a maximum slope of 1:12 (FAC 4.7.5)
RAMPS:
1-The maximum slope of a ramp should be 1:12. (FAC 4.8.2)
2-The minimum width of the ramp should be 36" or 44" when it is a part of the required means of egress. (FAC 4.8.3).
3-The minimum dimensions for landings should be:
-Top landing: width of ramp 60".
- Bottom landing: width of the ramp x 72."
- Change of direction landing: 60" x 60".
-Each 30' horizontal projection: landing width of ramp x 60."
NOTE: The landing should be a clear and level platform. (FAC 4.8.4)
4-Handrails: Ramp should have handrails both sides. Handrails should have extensions of 18"at top and bottom of the ramp. Mounting height should be 34", should be at 1-1/2" from the wall, and should have a diameter of 1-1/2". No handrails are required for ramps that have less than 72" horizontal projection. (FAC 4.8.5)
STAIRS:
1-Stair treads should be not less than 11" wide. (FAC 4.9.2)
2-Stairs should have handrails continuous at both sides. If handrails are not continuous, they shall extend 12" at the top of the stairs and 12" plus a width of one tread at the bottom. Handrails mounting height is 34". Handrails should have a of 1 " from the wall. (FAC 4.9.4)
DOORS:
1-In a double leaf door at least one should have 32" clear width with the door open 90 degrees, measured between the face of the door and the opposite stop. (FAC 4.13.4)
2-Doorways 32" clear measured the same as shown in number one (FAC 4.13.5)
3-Any operating devices on accessible doors shall have a shape easy to grasp with one hand and does not require tight grasping, tight pinching or twisting of the wrist to operate. Acceptable mechanisms are: Lever-operated, push-type and U-shaped handles. (FAC 4.13.9)
DRINKING FOUNTAINS: Spout height: 36" AFF. (FAC 4.15.2)
TOILET STALL: Stall minimum dimensions are 68" x 68" with water closet and lavatory inside same stall. (FAC 4.17)
SHOWER STALL: Shower stall minimum dimensions 36" x 36". Shower stall should have seat that extend full depth of the stall, mounted 17" to 19" from shower stall floor. (FAC 4.21)
DETECTABLE WARNINGS (FAC 4.29):
1-Detectable warning texture on walking surface shall consist of exposed aggregate concrete, cushioned surfaces made of rubber or plastic, raised strips, or grooves. Grooves used only indoors.
2-Detectable warnings should be provided at: hazardous vehicular areas, reflecting pools.
SIGNAGE (FAC 4.30):
1-Signs shall be installed at the latch side of the door 60" measured from FF to CL of the sign.
2-Signs that are identified permanent rooms should have a pictogram, raised letters and Braille.
TELEPHONES (FAC 4.31):
1-Clear floor space in front of the telephone is 30" x 48" that allows front approach or side approach.
2-Mounting height 27" maximum to the bottom of the cabin and 54 max. to the top of the phone.
FIXED OR BUILT-IN SEATING AND TABLES (FAC 4.32):
1-Clear floor space should be provided.
2-knee clearance at tables and counters: 27"h x 30"w x 19 d.
3-Height of tables and counters shall be from 27" to 34".
DRESSING AND FITTING ROOMS (FAC 4.35):
1-A clear floor space to allow a person to make a 180 degree turn (5' diameter)
2-Every accessible dressing room shall have a 24" x 48" bench fixed to the wall along the longer dimension. The bench shall be mounted 17" to 19" AFF.
3-An accessible dressing room should have a full length mirror.
RESTAURANTS (FAC 5):
1-Counter and bars: Portion of counter 60" in length should have 34" AFF or service to tables should be available.
2-Food service line: Clear width of 36" and try slides shall be mounted not higher than 34"
3-Dispensers shall be installed at 54" max. AFF.
BATHROOMS:
Water Closet (FAC 4.16).Mounting Height: New Construction: 19" to 20" AFF. Alterations: 17" to 19" AFF. Additional Requirements: Dispensers: 19" min. from FF to center line of the dispenser. Water closet should be mounted 18" measured from the wall to the C.L. of the water closet. Clear floor space should be provided
Urinals (FAC 4.18) Mounting Height: 17" max AFF . Additional Requirements: A clear floor space of 30" x 48" should be provided in front of the urinal.
Lavatories (FAC 4.19) Mounting Height: Rim or counter should be installed at 34" max. AFF. Bottom of the apron should be mounted at 27" min. AFF for alterations and at 28" AFF for new construction Additional Requirements: Mirrors: Mounting Height 40" AFF. Note: A clear floor space of 30" x 48" should be provided in front of the lavatory.
Grab Bars - Mounting Height: 33" AFF. Additional Requirements: Should have 1 1/2" Diam., 1-1/2" from the wall and the strength of 250 lbs.
NOTE: MINIMUM CLEAR FLOOR SPACE APPLIES TO ALL ELEMENTS

What are Accessibility Plans Review and Inspections?
The accessibility inspector has mainly three functions: 1-Plan review; 2-Inspections for works in progress; and, 3-Inspections for violations or barriers in existing buildings.
1-PLAN REVIEW:
Before beginning the review the accessibility inspector must check the permit application to find out if the work is for: A-New construction; B-Change of use; C- Addition; and, D-Alteration
A-New construction review: For new constructions there are two codes that we must follow. A design for commercial construction must meet the Florida Accessibility Code For Building Construction regulations. A design for residential construction must follow Florida Accessibility Code For Building Construction (Section 11) regulations and Fair Housing Authority Regulations.
The following elements have to be reviewed for residential or commercial buildings. The actual requirement vary from residential to commercial.
Check for difference of level from sidewalk to the building.
If there is a difference of level from sidewalk to the building inspect if they have ramps that will provide access to the building for people in a wheelchair.
If ramp required, check the following elements of the ramp: Location; Gradient of the slope; Top and bottom landings; Change of direction landing, if required; Length; Handrails mounting height; Handrails' extensions; Handrails shape; Handrails' dimensions
Examine for quantity of accessible parking spaces
Check the following for the accessible parking spaces and for the accessible aisles: Location; Dimensions and slope; Signs (Dimensions of signs, Mounting height and wording)
Check if a curb ramp is necessary at the beginning or at the end of the parking aisle. If a curb ramp is required, a detail of the curb ramp must include: Dimensions; Slope; Location.
The building must have at least one accessible route that connects the accessible elements. In the accessible rout check: Width; Head room; Surface texture; Slope; Areas of rescue assistant
Inspect at accessible doors for: Clear width; Maneuvering clearances at doors; Hardware type
Review hallway dimensions and protruding objects.
At bathrooms, toilet rooms review: the dimensions; fixtures' location and fixtures mounting height; fixtures operating mechanisms; Grab bars length and mounting height; Clear floor space in front of fixtures and in the accessible route.
If there, is a multistory building check for vertical accessibility. For commercial buildings it is required vertical accessibility to all levels.
If an elevator is required, inspect the accessible elevator's: Door width and headroom; Hall call buttons; Hall lanterns; Dimensions for elevator cars; Control panel details; Raised and Braille characters.
At stairs examine: Dimensions; Handrails' dimensions, mounting height, and shape; Treads and raisers
For drinking fountains check: Quantity; Mounting height; Clearances.
For telephones review: Clear floor; Mounting Height
The Florida Accessibility Code For Building Constructions has additional parameters for some special commercial uses which are:
Additionally review Restaurant's: Counter and bars heights; Asses aisle; Dining area; Food services lines; Tableware and condiment area; Raised platforms
Additionally review Hotel's: Accessible units; Rooms with roll-in showers; Sleeping accommodations for persons with hearing impairments.
Additional review for Medical Care facilities: Accessible Entrance; Accessible patient bedroom; Accessible patient toilet room.
At business and mercantile review also: Counters; Check out aisles; Security bollards
At libraries review also for: Reading and study areas; Check out areas; Card catalogs and magazine displays.
Once all the above listed elements are review enter in the computer the comments for each specific project. If plans are approved, stamp the plans with the seals that are applicable to the project and finally sign the appropriate plans. When plans are not approved give the comments to the applicant for corrections.
B-Change of Use: The path of travel and bathroom/toilet rooms requirements for change of use are the same as the above listed for new construction. For the other elements see alterations.
C-Additions: Each addition made to the building must be regarded as an alteration.
D-Alterations: The area that is alter must be made accessible. Check that they are providing improvements to access the building up to 20% of the valuation of the work.
To verify the valuation of the accessible elements required. The plan reviewer must compare the value of work to be done with a pricing guide.
In alterations the check list is the same as for new constructions with some exemptions that the code provides for existing buildings.

2- INSPECTIONS FOR WORKS IN PROGRESS:
In an inspection an accessibility inspector must require the plans and review each element and space to verify that the construction was carried out as per the approved plans. Also verify that all elements and spaces comply with the applicable codes and regulations.
Once the inspection is completed. Then, the accessibility inspector writes comments and enters in the computer the results.

3- INSPECTIONS FOR VIOLATIONS OR FOR BARRIERS IN EXISTING BUILDINGS:
Receive the complaint
Check in the Building Department records if the building has any major renovation or a change of use after October 1, 1993.
When a major renovation or a change of use in the building took place in the building:
-Do a complete inspection to find if accessibility improvements were included in the renovation or change of use.
-If any deficiency is found, the accessibility inspector enter all comments in the computer and write a violation letter. Enclosed find a form of a violation letter.
If records show that there is not a major renovation made to the building or there is not a change of use.
-Do an inspection for existing barriers at entrances or exits
-Enter results of the inspection in the computer
-If existing barriers at entrances or exits, a courtesy letter needs to be written.

Note: The violation letters and courtesy letters have to be sent by certified mail.

What are Violation Procedures?
Violation Citation and Unsafe Structures Board Hearings:
All violation case numbers originate from complains that are validated by inspectors in the field and are subsequently referred to the senior engineering inspector for citations.

The Building Official, on his own initiative or as a result of reports by others, may examine or cause to be examined every building or structure appearing or reported to be unsafe. A validation of the report results in the citation of the current owner of the property in accordance with the FBC Code and NFPA Life Safety Code.

Citation Case Numbers: Violation case numbers are established by entering the Land Management System with the complain number and establishing a new activity that ties in with the existing complaint.

Citation Notices: Once a violation number has been established, the citation is issued . the notices of violation are classified into four categories based on the follow up methods.
1.Stop Work Order/Poor workmanship to be processed through the County Court.
2.Unsecured /Abandoned Building to be processed by securing or Boarding up the building.
3.Unsafe Building/Structure to be processed through the Unsafe Structures Board.
4.Hazardous/ Dangerous to Life Safety to Be Processed by the Emergency Action of the Building Official.

Stop Work Orders: Whenever any building work is being done contrary to the provisions of the F.B.C. or is being done in any unsafe or dangerous manner, the Building Official may order such work stopped, or may order the violation corrected within a reasonable period of time, by notice in writing served on the persons engaged in the doing or causing of such work to be done. Such persons shall immediately stop such work until arrangements, in compliance with the provisions of the code and satisfactory to the Building Official , have been made. Failure to comply is referred to the senior engineering inspector for follow up with the department of professional regulation in case of the contractor or recordation with the clerk of the county court as a lien on the property in case of the property owner. This procedure applies for all none compliance with Sections 301.1, 303.4, 304.4 and Chapter 10 of the Metro Code.

Unsecured/Abandoned Buildings: Notice of Violation Is Issued by the Senior Engineering Inspector to the current owner of record for vacant unsecured buildings. When the current owner of record fails to comply, the building is considered to be abandoned and the Building Official shall secure the building and cost incurred shall be recorded with the Clerk of Dade County Court as lien against the property.

Unsafe Buildings/Structures: Buildings that are considered for unsafe structures cases are selected by the unsafe structures task force and referred to the Senior Engineering Inspector . The Senior Engineering Inspector must make inspection on the building to determine the problem, photograph and document the problem and make a decision based on the criteria set forth in Section 202.2 of the South Florida Building Code. In each case the Senior Engineering Inspector , must show that the building is in a poor condition structurally, hazardous and dangerous to life safety of the public.

Criteria:
A repair cost of 50% of building cost or structural repair cost of 33% of building cost. See Section 104.6 for criteria on value determination.

Preparation for Board Hearing:
In Order to avoid the owner's claim of misfeasance, malfeasance and nonfeasance, the following steps are followed:
A.Find the owner's address
B.Determine the criteria by computing the values according to code.
C.Issue violation notice giving the owner time for the correction or demolition as the case may be.
D.Do a title search on the property / O &E .
E.Record the violation with Clerks of Dade County Courts. and red-tag the building.
F.Write up the case resuming with the Building Officials recommendations and submit to the Deputy Secretary, Unsafe Structures Board, Dade County base on their deadlines.
G.The county advertises and notify owner of record.
H.The Senior Engineering Inspector distribute the copies of the hearing to the following: Director of Building Department; Assistant Director of Building; Chief Building Inspector; City Manager; Legal Department; Economic Development; Public Works Department; and, Utility Billing Department;
I.The Senior Engineering Inspector and the representative from the legal department appears before the board to present the case.

What is Emergency Action by the Building Official?
When in he opinion of the Building Official there is action or immediate danger of the failure or collapse of a building or structure , or there is a health, windstorm or fire hazard, he may order the occupants to vacate, temporarily close for use or occupancy the rights of way thereto, sidewalks, streets, or adjacent buildings or nearby area and institute such other temporary safeguards, including securing and posting of the building or structure, as he may deemed necessary under the circumstances, and may employ the necessary labor and materials to perform the required work as expeditiously as possible (See S.F.B.C.).

What is Recovery of Cost?
Cost incurred in the performance of the emergency action shall be paid by the appropriate governmental agency and upon the recording in the Public Records of the County, a certificate executed by the Building Official, certifying the amount so expended and why expended, the same shall become a lien against the property involved. Such bill Is tabulated by the Senior Engineering Inspector and passed onto the appropriate lien department. The entire cost incurred pursuant to subsection 202.5 or subsection 202.10 of the F.B.C. shall be paid by the owner. The Senior Engineering Inspector assists the Building Official to file among his records an affidavit stating with fairness and accuracy the terms of expense and the date of execution of actions authorized by subsection 202.5, or subsection 202.10.

What is an Appeal?
The owner or anyone having an interest in a building or structure which has been determined to be unsafe, and concerning which a notice of violation has been served by the Building Official, may appeal the decision of the Building Official as stated in the notice of violation, to the unsafe structures board, if such appeal is filed prior to the expiration of the time allowed for compliance as specified in such notice. Such appeal shall be in writing, addressed to the secretary of the Unsafe Structures Board, and shall be in the form of a certified statement, stating the reasons for such an appeal and possible errors, if any, of the Building Official. Upon receipt of the appeal, the secretary of the board will proceed to notify all parties of interest as to the time and place the unsafe structures board shall conduct a public hearing on the matter.
Extension of Time :
The owner or anyone having an interest in a building or structure which has a violation may request for extension of time for compliance directly from the Building Official.

What is a Public Hearing?
On the Day established in the notice of public hearing, the board shall review all pertinent evidence and hear all testimony from the Building Official, the owner and other parties of interest and their respective witnesses. The Senior Engineering Inspector shall inform and hand over copies of all documents of record to the legal department for proper legal representation. The Senior Engineering Inspector presents the technical reports to the board while the city attorney presents the legal aspect of the case.
Decision of the Board :
The board may modify , rescind, or uphold the decision of the Building Official as stated in the notice of violation and may order the owner or persons responsible for the building or structure to vacate, or cause to be vacated forthwith, to make repairs and to take necessary actions to secure the building, or demolish the building or structure and remove all debris from the property.

What is a Judicial Review?
Any person aggrieved by the decision of the board may seek judicial review of that decision in accordance with Florida appellate rule.

PROPER SERVICE AND POSTING OF THE VIOLATION:
The Senior Engineering Inspector shall ensure that the notice of violation is served by certified mail to the current owner of record , at such person's last known address. This notice shall be served at least 14 days prior to posting of the building or structure. If proof of service by registered mail or certified mail is not completed by signed return receipt, a copy of the written notice shall be affixed to the structure concerned and such procedure shall be deemed proper service, and the time for compliance, stipulated in the notice, shall commence with the date that such notice is affixed.

PARTICIPATION BY OTHER CITY DEPARTMENTS AND GOVERNMENTAL AGENCY:
Violations may be referred to the Senior Engineering Inspector from the following :
A.Zoning Department
B.Public Works
C.Fire Department
D.Code Enforcement

Also, possibly by some of the following outside Agencies:
A.Hotel and Restaurant Commission
B.Department of Natural Resources
C.Department of Health and Rehabilitative Services
D.Department of Environmental Resources Management And
E.Biscayne Bay Shoreline Development Committee.


What are other Sources of Violation?
Daily and routine inspection performed by the Senior Engineering Inspector and others for:
A.Closed and Abandoned Buildings
B.Unsafe Buildings
C.Complaints
D.Occupational Licenses Application Inspection
E.Legalization of Illegal Unit or Illegal Kitchens
F.Joint Inspection , as Requested by Owners for Purpose of Determining S.F.B.C. Violations That Can Be Ascertained by Visual Inspection.
G.Building Recertification Inspection and
H.Elevator Inspection.

Results in Daily Log of Violations That Are Handled by the above Stated Procedure.

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.