§ 5-4. Building safety inspection program.

(a)

Inspection procedures.

(1)

Inspection procedures shall conform, in general, with the minimum inspection procedural guidelines as issued by the board of rules and appeals as amended from time to time.

(2)

Such inspection shall be for the purpose of determining the structural and electrical condition of the building or structure which affects the safety of such building or structure and/or which supports any dead or designed live load, and the general condition of its electrical systems pursuant to the Building Code.

(b)

Applicable buildings; exceptions.

(1)

All buildings, except those listed below, shall be recertified in the manner described below where such buildings or structures have been in existence for forty (40) years or longer, as determined by the building official, who shall at such time issue a notice of required inspection to the building owner.

(2)

The following buildings are exempt from the requirements of the section: All single-family residences, duplexes and minor structures defined as buildings or structures in any occupancy group having a gross floor area less than three thousand five hundred (3,500) square feet. U.S. Government, schools under the jurisdiction of the Broward County School Board and Buildings built on Indian Reservations.

(3)

Subsequent building safety inspections shall be required at ten (10) year intervals.

(c)

Definitions: For the purposes of this section the following term(s) shall have the following meaning:

(1)

Minor buildings or structures shall mean buildings or structures in any occupancy group having a gross area of three thousand five hundred (3,500) square feet or less.

(d)

Owner responsibilities.

(1)

The owner of a building or structure subject to building safety inspection shall furnish, or cause to be furnished, within ninety (90) days of notice of required building safety inspection, the Broward County Board of Rules and Appeals Building Safety Inspection Certification Form to the city's building official together with the required processing fee pursuant to subsection (f).

(2)

The building safety inspection certification form must be prepared by a professional engineer or architect registered in the State of Florida, certifying that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for the continued occupancy.

(3)

Said certification shall be in conformity with the minimum inspection procedural guidelines as issued by the board of rules and appeals.

(4)

Such written report shall bear the impressed seal and signature of the certifying engineer or architect.

(5)

Such engineer or architect shall undertake such assignments only where qualified by training and experience in the specific technical field involved in the inspection and report.

(6)

Such report shall indicate the manner and type of inspection forming the basis for the report and description of any matters identified as requiring remedial action.

(7)

In the event that repairs or modifications are found to be necessary resulting from the building safety inspection report, the owner shall have a total of one hundred eighty (180) days from the date of building safety inspection report in which to complete indicated repairs or modifications which shall be executed in conformance with all applicable sections of the Florida Building Code.

(e)

Implementation.

(1)

In order to implement the new building safety inspection program in an orderly manner to clear a backlog of buildings needing inspection, implementation shall commence as follows:

a.

Forty-year or older buildings of eleven thousand (11,000) square feet or more—Compliance no later than calendar year 2008.

b

Forty-year or older buildings seven thousand (7,000) square feet or more—Compliance no later than calendar year 2008.

c.

Forty-year or older buildings five thousand five hundred (5,500) square feet or more—Compliance no later than calendar year 2008.

d.

Forty-year or older buildings four thousand six hundred fifty (4,650) square feet or more—Compliance no later than calendar year 2009.

e.

Forty-year or older buildings three thousand eight hundred (3,800) square feet or more—Compliance no later than calendar year 2010.

f.

Forty-year or older buildings three thousand five hundred (3,500) square feet or more—Compliance no later than calendar year 2011.

(2)

Buildings may be inspected under the building safety inspection program before the building reaches the required inspection age of forty (40) years. In the event such building is determined to be structurally and electrically safe under the conditions set forth herein, and such building or structure is less than forty (40) years of age, a building safety inspector shall not be required for a minimum of ten (10) years from that time.

(3)

Subsequent building inspections shall be required at ten-year intervals.

(4)

It shall be the responsibility of the city's building official to take the necessary action to implement this section.

(f)

Administrative fee. The administrative fee shall be paid at the time of submittal of the completed building safety inspection certification form to the city's building official for the processing of the certification application. For every certification and recertification as required under this section of the Code the fee to be paid to the building division—Three hundred dollars ($300.00).

(g)

Enforcement/penalties for non-compliance. Any owner in violation of this section of the code may be subject to the issuance of:

(1)

A citation resulting in a fine amount of five hundred dollars ($500.00). A citation could be issued for each day that the owner is in violation of this section of the code; and/or

(2)

A notice of violation/notice to appear before a special magistrate which could result in a fine amount up to one thousand dollars ($1,000.00) per day for a first violation for each day of non-compliance with the Code and up to five thousand dollars ($5,000.00) per day for a repeat violation and could result in a lien being recorded against the property.

(Ord. No. 2007-110, § 2, 9-18-07)