§ 70-36. Permit requirements.

(a)

Application for permits; fees. No person, firm, partnership, association, corporation, or other legal entity shall move in, on, or set up a home; connect a home to a source of electricity or water or to a sewage disposal system; construct an addition thereto; or alter, repair, or make improvements to a home without first obtaining preliminary permits from the town clerk's office and applicable permits from the county planning, zoning and building department. Application for required permits shall be made on forms prescribed by the town clerk and the planning, zoning and building department. Fees for such permits shall be as established by town ordinance and resolution of the board of county commissioners. The permit fee shall be doubled if any work is commenced prior to obtaining such permits. Permits shall be valid for six months (180 days) from date of issuance.

(b)

New homes to meet federal standards. Each new home shall meet the Federal Manufactured Home Construction and Safety Standards, promulgated by the United States Department of Housing and Urban Development, and shall bear such seal or label as required by F.S. §§ 320.823 and 320.827.

(c)

Checklist—Minimum requirements; deficiencies; used homes brought into town; fees; issuance of permit.

(1)

A checklist, as provided by the county planning, zoning and building department, shall be successfully completed for all used or previously owned homes prior to obtaining a home permit. The checklist shall contain items required under the housing code, chapter 3, enforced in the town, as well as other minimum requirements for homes as required by this chapter. The Federal Mobile Home Construction and Safety Standards and the Mobile Home Repair and Remodeling Code (15C-2.0081) shall apply if in conflict with the housing code enforced in the town. Any deficiencies identified on the checklist shall be corrected by licensed individuals, where required by law, and re-inspected before a home permit application will be accepted.

(2)

If the applicant wishes to bring a used home into the town from outside the boundaries of the town, the checklist shall be successfully completed, signed, and sealed by an architect or engineer registered in the state or by an approved inspection agency and submitted with the permit application for such home. The home permit must be obtained prior to locating the home in the town. Licensed home dealers having an occupational license in the county may bring a used home to their appropriately zoned place of business prior to completion of the checklist. If the used home is legally in the county and is to be moved or relocated within the town, the checklist shall be successfully completed by the town building official, or his designated representative, prior to relocating the home to its new site. Homes older than five calendar years shall not be permitted.

(3)

A fee, to be established by resolution of the county board of county commissioners, shall be paid in advance to the county planning, zoning and building department before the building official or his designated representative will inspect the home to verify compliance with the items on the checklist. A re-inspection fee shall be charged to verify correction of deficiencies noted on the checklist. Such fee shall be in addition to the normal permit fee and shall not be refundable.

(4)

If the home meets all minimum requirements identified on the checklist, the checklist is properly completed and approved by the town building official or his designated representative, a permit may be issued if all other applicable state and local requirements are met.

(d)

Permit, clearance, or approval of septic tanks. A septic tank construction permit or clearance or approval for an existing septic system shall be required from the county health department before a building or move-on permit can be issued for a home, or an addition thereto.

(e)

Location of septic tank and well. The location of the septic tank and well serving the home shall be shown on the plot plan submitted with a permit application.

(f)

Posting of permit. All permits shall be posted in a location readily visible from the road the home faces, upon placement of the home or commencement of an addition to such home.

(g)

Inspections and certificate of occupancy. No person shall occupy a home or an addition thereto until required inspection of work has been made, accepted, and a final inspection approval is given by the building official or his agent. After final inspection approval, the building official shall issue a certificate of occupancy stating that occupancy is permitted.

(h)

Limitation on to whom permit can be issued. Except as otherwise provided by law, application for a permit to perform work within the scope of this chapter will be accepted only from a contractor, master craftsman, or mobile or manufactured home dealer or manufacturer holding an active certificate or license and occupational license as required by law and ordinance and against whom no revocation or suspension of any of the required certificates or licenses is pending and who performs only work within the scope of the certificate or license. The permit shall be signed by the qualifying agent of the contractor or license holder, where required.

(i)

Exemption for owner. Nothing herein shall prohibit any owner, when acting as their own contractor and providing all material supervising themselves, from making application for a home move-on, building, and/or electrical, plumbing, or mechanical permit as provided in F.S. § 489.103(7). Provided, that no owner shall be issued more than one permit to move on a home for his personal use in any 12-month period. To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and the disclosure statement and abide by the requirements therein.

(j)

Compliance with standards required. Any person locating or placing in use as a dwelling, a home, or addition thereto on any site within the town shall comply with the standards established in this section and all other applicable statutes, ordinances and rules of the state, the county or the United States.

(k)

Conformity with standard codes. All building, electrical, plumbing, gas, or mechanical work performed at the home site, except the connecting of multiple sections of the same home, shall conform to the specific requirements contained in this section, standard codes, National Electrical Code, and the county building code ordinance, as adopted and amended by county. All such work shall be inspected and tested as required by such codes and ordinances.

(l)

Decay, damage, or alteration of components. A certificate of occupancy shall not be issued for a home when, during the course of inspection, the building official or his designated representative discovers that any building, electrical, plumbing, or mechanical component of the home has decayed, been damaged, or altered in such a way as to affect the safe use, operation or occupancy of the home.

(m)

Repairs. Repairs to any building, electrical, plumbing, or mechanical component of the home shall not diminish the level of safety, adequacy, or strength of such component below that originally provided for by the manufacturer. Such repairs shall require the use of materials and design equivalent to the original construction. Electrical repairs shall be in accordance with the National Electrical Code, as adopted and amended by the county. In cases where the building official or his designated representative determines that any component has been altered or added to, then such alteration or addition shall be in accordance with standards required for new construction by the standard codes and the National Electrical Code, as adopted and amended by the county.

(n)

Joining homes or sections of homes. The joining together of two or more homes or sections of homes, when not originally identified as matching units or designated as an expansion unit and designed as such by the manufacturer, shall not be allowed.

(o)

Findings permitting revocation of permit. Any permit issued under this chapter may be revoked by the building official at any stage of completion upon a finding of any of the following circumstances:

(1)

A misrepresentation or omission of facts required for the permit.

(2)

Work is being performed by persons not authorized by this chapter or not properly supervised by authorized persons.

(3)

The permit being issued in error, where no authority for such issuance exists. This would not preclude the affected property owner from appealing this issue to the appropriate appeals board and using the argument of estoppel.

(4)

The work being performed is in violation of the provisions of this chapter.

(5)

There is evidence or reason to believe that the home or any system therein has been altered or added to for which there is not record of permit or inspection approvals by the county building official, his authorized representative, or an approved inspection agency.

(Ord. No. 2015-06, § 12, 2-9-2016; Ord. No. 2016-13, § 1, 7-12-2016)