What requires a building permit?

FLORIDA BUILDING CODE SECTION 105 PERMITS

Requirements for Residential and Commercial Structures

105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, remove, demolish or to change the occupancy any building, structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be done; shall first make application to the Building Official and/or Fire Code Official as indicated in FFPC or a duly authorized representative and obtain the required permits.

105.1.1 Annual Facility Permit. The Building Official is authorized to issue an annual facility permit for any occupancy to facilitate routine maintenance or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The Building Official shall be notified of major changes and shall retain the right to make inspections at the site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year.

105.1.2 Annual Facility Permit Records. The holders of an annual premise permit shall maintain a detailed record. 

Listing all work performed under such annual facility permit on forms provided by the Building Official and shall make that record available to the Building Official or his or her authorized employees upon demand, in order that the work may be inspected as deemed necessary. The holder of  the annual facility permit shall be responsible for insuring that all work performed under such permit conforms to this Code and if inspection reveals that such work does not so conform, the work will be corrected or removed. The annual premise permit shall be subject to cancellation for violation of the provisions of applicable regulations. 

105.1.3 Food Permit. In accordance with Section 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store.

105.1.4 Public swimming pool. The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct its review of the building permit application upon filing and is accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health.

105.2 Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code. Permits shall not be required for the following: 

A. No permit shall be required, in this or any of the following Sections, for general maintenance or repairs which do not change the Occupancy and the value of which does not exceed fifteen-hundred dollars ($1,500) in labor and material as determined by the Building Official. 

B. No permit is required for the installation of a slab in the right of way meeting the below parameters:

1. Concrete slabs on grade that are less than 250 square feet in total installed entirely within a public right of way and solely for the purpose of accessibility to public transportation shall not be considered a structure as described in Section 105.1.

C. No permit shall be required for storm water gutter systems installed on buildings of Group R3 occupancy that have an eave height of thirty (30) feet or less unless such gutters are installed behind any part of the eave drip metal.

D. Electrical

1. No permit shall be required for installations performed by companies whose work is regulated by Chapter 364, Florida Statutes, for unregulated inside telephone wiring on new construction for commercial occupancies.

2. No permit shall be required for installations performed by companies whose work is regulated by Chapter 364, Florida Statutes, in single family Occupancies, whether detached or townhouse.

3. Permits shall not be required for the installation, replacement, and removal or metering of any load management control device.

E. Gas:

1. Portable heating appliance not connected to a building air distribution system.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

F. Mechanical:

1. Portable heating appliance not connected to a building air distribution system.

2. Portable ventilation equipment not connected to a building air distribution system.

3. Portable cooling unit not connected to a building air distribution system.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code.

5. Replacement of any part which does not alter its approval or make it unsafe, including replacement of thermostats.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

8. The installation, replacement, removal or metering of any load management control device.

9. Portable air compressors, dust collectors and their correspondent distributions systems.

10. Pool heating equipment. Plumbing and electrical permits are required.

G. Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves, faucets or fixtures, and the removal and re-installation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

3. The cleaning of septic tanks, or temporary placement of chemical toilets on construction sites where such work is located within the property lines.

H. Roofing

1. No permit will be required for maintenance or repair of any roof covering, as provided in Chapter 15, for work not exceeding fifteen hundred dollars ($1,500) as determined by the Building Official.

105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the Building Official.

105.2.2 Minor repairs. Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided the repairs do not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; additionally, ordinary minor repairs shall not include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes.

105.2.3 Public Service Agencies/Other Approvals. An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: “NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental entities such as water management districts, state agencies or federal agencies.” In addition, the Building Official shall require that the laws, rules and regulations of any other regulatory AHJ, and where such laws, rules and regulations are applicable and are known to the Building Official, shall be satisfied before a permit shall be issued. The Building Official shall require such evidence, as in his or her opinion is reasonable, to show such other approvals. The Building Official shall not thereby be held responsible for enforcement of such other regulations as he or she is not specifically authorized to enforce. Following are some, but not necessarily all, other agencies having jurisdiction:

105.2.3.1 The Engineering Department, Fire Department and/or Police Department for the moving of buildings, structures and heavy equipment over or the temporary blocking of streets or other public spaces, or the temporary construction, or storage of material, or construction operations on streets or other public spaces; and for land clearing adjacent to existing sidewalks; as well as for the discharge of rainwater or other water runoff on streets or other public spaces into the public sewers.

105.2.3.2 The Fire Department for the burning of construction or demolition waste or the use or storage of explosives.

105.2.3.3 The City and/or County Tax assessor and Collector for the moving or demolition of any building or structure.

105.2.3.4 Broward County Environmental Protection and Growth Management Department and/or Florida Department of Environmental Regulation for (but not limited to): 

A. The adequacy of waste treatment plants receiving waste from industrial, commercial, public or dwelling units.

B. Waste treatment and disposal systems.

C. Waste disposal wells.

D. Waste water collection systems.

E. Air pollution.

F. Underground and above ground liquid fuel storage.

105.2.3.5 Broward County Health Department, Florida Department of Health for (but not limited to):

A. Onsite sewage treatment and disposal systems.

B. Places where food or drink is prepared or served to the public, but not regulated by the Department of Business and Professional Regulation or by the Department of Agriculture and Consumer Services.

C. Public water supply and supply wells.

D. Public swimming pools.

E. Chemical toilets as set forth in Section 311.1 of the Florida Plumbing Code.

F. Mobile home parks as set forth in Sections 513 and 723 Florida Statutes.

105.2.3.6 The State Hotel Commission for the construction, alteration or addition to multiple residential rental units or places where food and/or drink is prepared or served to the public. 

105.2.3.7 The U.S. Army Corps of Engineers, for construction of bulkheads or docks adjacent to or extending into navigable waters.

105.2.3.8 Federal regulations limiting construction during periods of national emergency.

105.2.3.9 The Public Works Department for bulkheads, docks, similar construction or fill along water front property.

105.2.3.10 The Rules and Regulations of the State Fire Marshal.

105.2.3.11 The State of Florida Bureau of Elevator Inspection and/or the Broward County Permitting, Licensing and Consumer Protection Division, Elevator Section.

105.2.3.12 The Department of Agriculture and Consumer Services (Grocery stores and convenience stores) or Department of Business and Professional Regulation (public restaurants).

105.2.3.13 In addition to the plumbing permit, permits shall be required by other regulating authorities having jurisdiction. Following are some, but not necessarily all, other required permits:

A. Fire Department and Police Department before obstructing or excavating in any public thoroughfare;

B. Engineering Department before cutting any street paving, sidewalk curb or sewage system or part thereof or appurtenance thereof; or otherwise cutting, tapping or piercing any public sewer or appurtenance thereof;

C. Building Official before the addition of any fixtures or the removal or alteration of any structural or load bearing members.

105.3 Application for Permit Required. Any applicant desiring a permit to be issued by the Building Official or Fire Code Official as required, shall first file an application therefore in writing or electronically on a form furnished by the Building Department or Fire Department for that purpose.

105.3.0.1 Qualification of Applicant. Application for permit will be accepted from owner, qualified persons or firms, or authorized agents.

105.3.0.1.1 Qualification of persons or firms. Persons or firms shall be qualified in accordance with the rules of the Broward County Central Examining Board, Ordinance 78-9 and Chapter 9 of the Broward County Codes; the State of Florida, Department of Professional Regulation by authority of Chapter 489, Parts One and Two of the Florida Statutes; or other Examining Boards as specifically approved by BORA.

105.3.0.2 Application Form. Each application for a permit, shall be submitted with the required fee, and filed with the Building Department on the Broward County Uniform Building Permit Application (effective April 1, 2016) furnished for that purpose (see Appendix A of the Broward County Administrative Provisions).

The application shall describe the property on which the proposed work is to be done, and shall include both the legal description and more commonly known address. The application shall also show the use or occupancy of the building or structure; shall be accompanied by plans and/or specifications as required hereafter; shall state the value of the proposed work; as specified in Section 109, shall give such other information as reasonably may be required by the Building Official to describe the proposed work; and shall be attested by the owner, qualified person or firm or authorized agents. The Permit Application shall be inscribed with the application date and the Edition of the Code in effect, and comply with the requirements of Section 713.135 (5) & (6) Florida Statutes. The code in effect on the date of application shall govern the project. For a building permit for which an application is submitted prior to the effective date of the FBC, the state minimum building code in effect in the permitting jurisdiction on the date of the application the life of the permit and any extension granted to the permit.

105.3.0.3 Attesting of Application: The permit application shall be signed in a space provided, before an officer duly qualified to administer oaths, by the owner, qualified person or firm, or authorized agents.

105.3.0.4 Changes to Application. In the event of a change in any material fact given in the attested application which served as a basis for issuing the permit, the permit holder shall immediately file an amended attested application detailing such changed conditions. In the event the change in the attested application is a change in the person responsible for the work, the owner shall immediately stop the work and notify the Building Official in writing detailing such changed conditions and any other information required by the Building Official or in lieu thereof a new attested permit application shall be filed immediately by a new qualified applicant. If such changed conditions are determined to be in compliance with this Code and other applicable regulations, an amended building permit will be issued, without additional fee if the changed condition shall not be greater than those permitted in the original permit.

105.3.1 Action on application. The Building Official and Fire Code Official or his or her duly authorized representative shall examine or cause to be examined applications for permits and amendments thereto within 30 working days after plans and/or specifications are submitted and accepted for a building permit. The Building Official or his or her duly authorized representative shall notify the applicant in writing or electronically, that a permit is ready for issuance or that additional information is required. If the application or the construction documents do not conform to the requirements of pertinent laws, the Building Official and/or Fire Code Official shall reject such application in writing or electronically, stating the reasons therefore citing relevant code sections. If the Building Official and after consulting with the Fire Code Official is satisfied that the proposed work conforms to the requirements of this Code, laws and ordinances applicable thereto, the Building Official shall issue a permit therefore as soon as practicable, to persons or firms qualified in accordance with 105.3.0.1.1 and/or FFPC.1.12. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility.

105.3.1.1 Not more than 60 calendar days after the date of such notification, where such additional information has not been submitted or the permit has not been purchased, the application and/or the permit shall become null and void. If the 60th day falls on a Saturday, Sunday or a National Holiday the next business day shall be used for the 60th day. The Building Official may extend such permit application to be corrected or purchased for a single period of 60 days after the initial expiration date if the request is in writing, for a good reason and is submitted prior to the initial expiration date.

105.3.1.2 Where an application and/or a permit has become null and void, an applicant may again apply, as set forth in Section 105.3 of this Code, and such applications shall be processed as though there had been no previous application.

105.3.1.3 If a state university, Florida College or public school district elects to use a local government’s code enforcement offices, fees charged by counties and municipalities for enforcement of the FBC on buildings, structures, and facilities of state universities state colleges and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the Code.

105.3.1.4 Permits shall be required for the following operations:

105.3.1.4.1 The erection or construction of any building or structure, the adding to, enlarging, repairing, improving, altering, covering or extending of any building or structure.

105.3.1.4.2 The moving of any building or structure within, into, through or out of the area of jurisdiction, or the moving of a building or structure on the same lot.

105.3.1.4.3 The demolition of any building or structure. (Refer to 116.1. 4, 105.18).

105.3.1.4.4 The installation, alteration or repair of any sanitary plumbing, water supply, lawn sprinkler or gas supply system, as provided in the FBC, Plumbing, and/or FBC Fuel Gas.n shall govern the permitted work for 

105.3.1.4.5 The installation, alteration or repair of any electrical wiring or equipment, as provided in Chapter 27-Electrical Systems; except as allowed in section 105.17 of this Code. Any alteration or extension of an existing wiring system is not considered to be maintenance or repair.

105.3.1.4.6 The installation, alteration or major repair of any boiler, pressure vessel, furnace, steam-actuated machinery, or heat producing apparatus, including the piping and appurtenances thereto as provided in this Code.

105.3.1.4.7 The erection, remodeling, relocating, repair, altering, or removal of any sign, as provided in Section 3107 of this Code.

105.3.1.4.8 The erection, alteration or repair of any awning or similar appurtenance, as defined in Section 202 of this Code.

105.3.1.4.9 The storage and use of all volatile flammable liquids, gases and materials, but such permits shall not be issued without the endorsement of the Fire Chief, as provided in FFPC.

105.3.1.4.10 The application, construction, or repair of any roof covering, as provided in Chapter 15, for work exceeding fifteen-hundred dollars ($1,500).

105.3.1.4.10.1 Not more than 25% of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire roofing system or roof section conforms to requirements of this Code.

105.3.1.4.11 The installation, alteration or major repair of any air conditioning, refrigeration, vacuum, pneumatic or other mechanical system, as provided in the FBC, Mechanical. A permit shall not be required for repairs that do not change the location, size or capacity of a compressor, coil or duct.

105.3.1.4.12 The installation, alteration, or repair of any apparatus producing air contaminants.

105.3.1.4.13 The installation, alteration, or repair of a swimming pool, as provided in Section 424 of this Code and Chapter 41 of the Florida Residential Code.

105.3.1.4.14 The installation, alteration, or repair of any structure or facility on private property defined by this or any other regulation as being within the scope of work of an engineering contractor.

105.3.1.4.15 The installation of exterior windows and exterior glass doors in new buildings or additions and the installation, alteration or repair of such windows and doors in existing buildings.

105.3.1.4.16 The installation, alteration or repair of any curtain wall.

105.3.1.4.17 The installation, alteration or repair of any garage door in any existing building.

105.3.1.4.18 The installation, alteration or repair of any fence.

105.3.1.4.19 The installation, alteration or repair of any screen enclosure.

105.3.1.5 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes:

1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000.

2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by Chapter 633, Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system.

3. Heating, ventilation and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity or which is designed to accommodate more than 100 persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family, two-family, three-family or four-family structure.

An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes to serve any building or addition which is designed to accommodate 100 persons or fewer and requires an air-conditioning system with value of $125,000 or less; and when a 15-tonper- system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by an Engineer. 

Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each system is less than 15 tons.

Example 2: Consider a small single-story office building, which consists of 6 individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. It therefore could not be designed by a mechanical or air conditioning contractor.

Note: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost of the total air-conditioning system of the building.

4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, clean agent fire extinguishing or fire detection and alarm system which costs more than $5,000.

5. Electrical documents. See Florida Statues 471.003(2) (h).

Note: Documents requiring an engineer seal by this part shall not be valid unless an Engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in s. 471.025, Florida Statutes.

6. All public swimming pools and public bathing places as defined by and regulated under Ch. 514, Florida Statues.

105.3.2 Time Limitation.

105.3.2.1 Every permit issued shall become null and avoid if work, as defined in Paragraph 105.3.2.6 authorized by such permit is not commenced within 180 days from the date the permit is issued or if the work authorized by such permit is suspended or abandoned for a period of 90 days after the time the work is commenced.

105.3.2.2 If the work covered by the permit has not commenced, or has been commenced and is been suspended or abandoned, the Building Official may for good cause, extend such permit for no more than two (2) periods of ninety (90) days, not to exceed 1 year, from the date of expiration of the initial permit, if an extension is requested.

105.3.2.3 If the work covered by the permit has commenced, is in progress, has not been completed and is being carried on progressively in a substantial manner in accordance with Paragraph 

105.3.2.4 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.

105.3.2.5 If a new building permit is not obtained within 180 days from the date the initial permit became null and avoid, the Building Official is authorized to require that any work which has been commenced or completed be removed from the building site; or alternately, he or she may issue a new permit, on application, providing the work in place and the required work 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 a new permit.

Exception: On written request from owner or the contractor, the Building Official may reinstate the permit one time. The job shall be completed under the jurisdiction of the code that the original permit was approved under. The reinstated permit shall be subject to the life safety requirements as determined by the Fire Code Official.

105.3.2.5.1 The Building Official shall provide written notification to both the permit holder and the property owner 30 days prior to the expiration date of the permit. The notice shall include the projected expiration date and the steps necessary to continue the permit in an active status. If the Building Official fails to provide written notification, and the permit expires, the permit holder may request a one-time 30-day extension of the permit so they have the opportunity to revalidate it.

105.3.2.6 Work shall be considered to have commenced and be in active progress when the permit has received an approved inspection within 90 days of being issued or if in the opinion of the Building Official, the permit has a full complement of workers and equipment is present at the site to diligently incorporate materials and equipment into the structure, weather permitting. 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. The fact that the property or parties may be involved in litigation shall not be sufficient to constitute an exception to the time period set forth herein.

Exception: To the time period.

For further assistance you can contact our Building Division by call us at (954) 457-1383 or email us at: energovcapteam@Hallandalebeachfl.gov

Show All Answers

1. What requires a building permit?
2. Where can I find a copy of the Florida Building Code?
3. What do I need to submit for a permit?
4. Can I obtain a Owner-Builder Permit ?
5. How do I stay informed of the progress of my permit application?
6. How do I request inspections?
7. When can I expect my inspector to arrive at the job site?
8. How can obtain results for my inspection?
9. How does the 40-Year Building Safety Inspection Program work?