Sec. 18-36. - Permit required.

(a)

Permits are required as stated in this code and the Florida Building Code. The following activities require a building permit unless exempted in writing by the Building Official: erection, construction, alteration or repair of a building, structure, electrical, gas, mechanical or plumbing system. Permits are required for sheds and similar outbuildings.

(b)

Permits are not required for fences without concrete footers, soffit and fascia, painting, minor drywall repairs, kitchen remodels that do not involve electrical or plumbing, mailboxes, and the work identified as exempt from permits in section 105.2 of the Florida Building Code.

(c)

Failure to obtain a required permit prior to commencing, or allowing commencement of, any of these activities is a violation of this code. Engaging in, contracting for, encouraging, assisting, procuring, or performing work requiring a building permit without such permit is a violation of this code. Failing to obtain a building permit for work previously undertaken without a permit, when such permit was required is a violation of this code. This section also applies to persons who purchase or otherwise obtain land or a structure upon which there is an existing violation where work was performed without the required permit and who, after a warning, fail to obtain an "after-the-fact" permit to cure the violation or to demolish or restore the structure to its original condition in order to cure the violation. "After-the-fact" permits are not required for:

(1)

Sheds under 250 square feet and aboveground pools, when these structures were erected prior to January 1, 1995; and

(2)

Any structure, work or condition for which a permit would have been required, when such structure, work or condition was completed prior to January 1, 1985.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-37. - Agricultural exemption.

Structures incidental to farming operations on land classified by the property appraiser as bona fide agricultural property ("greenbelted"), or land for which the owner has presented proof of a filed Internal Residential [Revenue] Service document demonstrating an active farm pursuit in the preceding 12 months, are exempt from the provisions of the Florida Building Code, but must have a permit from the central permitting manager to determine compliance with the Land Development Code and/or Pasco County Code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-38. - Persons responsible for obtaining permit.

The following persons are each jointly and severally responsible for obtaining a building permit when required:

(a)

The owner of the land upon which a structure or its systems requiring a building permit is located, including persons who purchase or otherwise obtain land upon which there is an existing violation where the erection, construction, alteration or repair of a building, structure, electrical, gas, mechanical or plumbing system was performed without the required permit;

(b)

The owner of a structure or its systems requiring a building permit, including persons who purchase or otherwise obtain a structure upon which there is an existing violation where the erection, construction, alteration or repair of a building, structure, electrical, gas, mechanical or plumbing system was performed without the required permit; and

(c)

Any person engaging in, contracting for, assisting, procuring, or performing work requiring a building permit.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-39. - Provision of necessary information; tests; inaccurate information.

The building official or central permitting manager may require an applicant for a permit, certificate or approval to provide the information required by law or reasonably necessary to verify compliance with applicable laws. These requirements are generally outlined on "checklists" available from the central permitting division. Permit applications must be complete. The applicant may be required to provide details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. The applicant may be required to provide leases, probate documents, affidavits, or other information required by the central permitting manager to demonstrate his authority to apply for a permit. The building official may require test or test reports as proof of compliance. Required tests are to be made at the expense of the owner or his agent by an approved testing laboratory or other approved agency. Providing inaccurate information in a permit application is a violation of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-40. - Schedule of fees.

The schedule of fees for services provided under this chapter shall be established by resolution of the board of county commissioners.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-41. - Persons qualified to apply for and/or obtain permit.

An application for a permit shall be accepted only from and a permit may be issued only to (1) an owner as defined in F.S. § 713.01 who provides adequate proof that a licensed contractor and subcontractors are responsible for the work for which a permit is sought, or (2) any person described in F.S. § 489.103 as exempt from the requirement to be a licensed contractor or have licensed contractors and subcontractors perform the work for which a permit is sought. For the purposes of this subsection, the term "owners of property" includes the owner of a mobile home situated on a leased lot. Corporations and other business entity-owners are not entitled to claim an owner/builder exemption, and are not exempt from the requirements to show proof that a licensed contractor and subcontractors are responsible for performing the work for which a permit is sought. To apply for a permit under the owner/builder provision, an owner must personally appear and sign the building permit application and must acknowledge that the owner has a complete understanding of the owner's obligations under the law as specified in the following disclosure statement located as F.S. § 489.103(7).

Applications for permits shall not be accepted from contractors who have more than four active permits for which no inspections have been requested in 180 days; a contractor who the building official has determined failed to correct a material building code violation within a reasonable time as outlined in F.S. § 553.781; a contractor who has otherwise had his permitting privileges suspended or revoked; a contractor or person who has not paid in full or complied in full with the terms of any final judgment on a county court citation or other final civil judgment entered against him in an action brought by the county or the state; and/or a contractor or person who has not paid in full a reinspection fee imposed by the county. The provisions of this subsection may be waived by the building official upon a showing of good cause.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-42. - Approval of other authorities.

The building official may verify that the plans comply with the technical building codes, and the central permitting manager may require that the other laws, rules and regulations of Pasco County and/or any other regulatory authority having jurisdiction, where the laws, rules and regulations are applicable and are known to him, are satisfied before a permit is issued. Both may require such evidence as in his opinion is reasonable to show the compliance with the required law, rules, standards, codes, or other approvals by other jurisdictions. Following are some, but not necessarily all, of the other agencies or departments having jurisdiction:

(a)

The public works department, engineering service, emergency services, development review, and sheriff's office for the moving of buildings, structures and heavy equipment over, temporary construction over, storage of material on, construction operations over, or temporary blocking of streets or other public spaces.

(b)

The fire marshall for the burning of construction or demolition waste or the use or storage of explosives.

(c)

The health department for:

(1)

The adequacy of waste treatment plants receiving waste from a building or premises where the waste discharges through a privately-owned sewerage system.

(2)

Waste treatment and disposal systems, including septic tanks.

(3)

Places where food or drink is prepared or served to the public.

(4)

Private water supply and supply or disposal wells.

(5)

Commercial swimming pools.

(6)

Air pollution.

(7)

Trailer parks.

(8)

Chemical toilets.

(d)

The state division of hotels and restaurants for the construction, alteration or addition to multiple-residential rental units or places where food or drink is prepared or served to the public.

(e)

Federal regulations limiting construction during periods of national emergency.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-43. - Temporary permit for site preparation.

Pending the completion of review of plans and specifications, the central permitting manager, at his discretion and with approval of the building official, may authorize the issuance of a temporary permit for site preparation, excavation and construction below grade for the foundation only. The holder of the temporary permit shall proceed only at his own risk and without assurance that a permit for the remainder of the work will be granted or that corrections will not be required in order to meet the applicable laws, regulations, or codes.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-44. - Approved plans.

The building official shall retain one set of the approved plans and all accompanying documents and the other set shall be kept at the building site in a weatherproof container, clearly visible from the right-of-way, and available to the building official at all reasonable times. The building official may stop the work if the plans and all other permit documents are not available at the building site. Failure to display plans and permits as required by this section is a violation of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-45. - Work shall conform to approved plans and codes.

All work performed under a permit issued by the building official shall conform to the approved application and plans and approved amendments thereto, and to the applicable codes. The location of all new construction as shown on the approved plot plans or an approved amendment thereto shall be strictly adhered to. Failure to conform to approved plans and/or codes is a violation of this code. Failure to comply with permit conditions is a violation of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-46. - Building and structures moved into Pasco County.

Before a building permit for moving a building or structure within or into the county is approved or issued, the building or structure shall be inspected by the building official, upon request of the owner or his agent, and the building official and central permitting manager shall ascertain that the technical codes and all other laws applicable thereto will be satisfied. An application for a permit shall be submitted in the form prescribed by the building official and central permitting manager and shall be accompanied by such plans or other data as, in the opinion of the building official and central permitting manager, are necessary to show compliance with the building code, the Land Development Code and/or the Pasco County Code. Mobile or manufactured homes must meet the requirements of the HUD or ANSI standards in effect at the time the unit was manufactured or they cannot be moved into the county. Moving a building or structure into the county without prior approval of the building official and/or central permitting manager is a violation of this code. The provisions of article VII of this chapter are incorporated into this section.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-47. - Demolition.

A demolition permit is required for the demolition of any structure. When the structure has electric, gas, water, sewer, or septic connections on site, an inspection will be required as part of the demolition permit for septic tank abandonment and to ensure disconnection and/or capping of all water, sewer, electric, and gas connections. Upon request from the building official, a written demolition plan shall be submitted for review. Failure to obtain a demolition permit when required and/or to submit a written demolition plan when requested are violations of this code.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-48. - Separate permits may be required.

Separate permits may be required for various elements of a structure or building or its systems.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-49. - After-the-fact permit fee.

In all cases where work for which a permit is required is commenced before the permit is obtained, except where specific permission is granted to proceed by the building official, the permit fee due the county shall be set by the board of county commissioners by resolution. Payment of the after-the-fact permit fee shall not be a defense in a prosecution for doing the work for which a permit was required without having first obtained the necessary permit.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-50. - Expiration of permits.

A permit under which no work is done during a six-month period shall expire by limitation and a new permit shall be secured before work is started or resumed. For the purpose of this section, "work" shall be deemed to mean the placing or installation of some part of the permanent construction or installation authorized by the permit or the construction for which the permit is issued is continuing in good faith. For the purpose of this section in making determination as to whether construction is continuing in good faith, construction shall be deemed to be continuing in good faith if it has been undertaken and diligently pursued on a regular and continuous basis and an inspection has been successfully passed within a six-month period, and which where the work done furthers the progress of the construction as permitted. The criteria stated herein shall not preclude the building official from making a determination that construction is continuing in good faith based upon facts and circumstances of the particular construction.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-51. - Revocation of permit, certificate, or other approval.

The issuance of a permit, certificate, approval or other official action shall not be construed to authorize a violation of law and the building official and/or central permitting manager shall have the power to revoke or suspend a permit, certificate, approval or other official action which has been previously approved in error, or where there has been any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based, or when the conditions of a permit have not been complied with. The building official may revoke a permit upon a determination that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of or not in conformity with the provisions of this building code. Written notice shall be posted, mailed or given to the permit holder or his agent and it shall be unlawful for a person or persons to perform work in or about the building or structure except the work required for the correction of the expressed violations. If, in the judgment of the building official, there is imminent danger that requires immediate action, the permit may be revoked or suspended verbally and written notice served later. When a permit has been suspended, it shall not be reinstated until all existing violations have been corrected. Written notice of reinstatement shall be given to the permit holder if requested.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-52. - Maintenance, security, and cleanup of site.

During all construction activity the site shall be secured and adequate sanitary and disposal facilities to keep the site cleared of rubbish and debris shall be provided. Upon completion of the proposed work, or upon abandonment of the site for more than 30 calendar days, the permit holder shall leave the site cleared of rubbish, debris, construction sheds or materials of construction and shall adequately secure the site and take all measures necessary to prevent the site from becoming a nuisance, as that term is defined in section 18-102 of this chapter. In the event there has been damage to public property or that rubbish, debris, construction sheds or materials of construction have been left at the site, the building official may refuse to make final inspection. Failure of a permit holder to keep the site maintained and cleaned as required by this section is a violation of this code. In addition to the usual remedies, the building official may secure the site, abate the nuisance, or have cleanup work done and public property restored, the cost of which shall be recoverable by the county against the permit holder and/or owner of the property or structure. The cost of such cleanup is deemed to be for the benefit of the property, and as such any lien for the cost of such cleanup shall have priority over all other secured or unsecured interests and shall have equal rank and dignity as ad valorem taxes. The decision to undertake such cleanup is within the discretion of the building official, and neither he nor the county or its officials or employees shall be liable for the decision of whether to undertake such action nor the manner in which it is performed.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-53. - Removal of official notices.

It shall be unlawful for a person to deface, obliterate or remove from a building or structure an official notice posted by the building official unless authorized to do so by the building official.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-54. - Variances; alternative materials or methods of construction.

The building official may authorize a variance from the terms of this chapter, or may authorize alternative materials or methods of construction, when the variance will not be contrary to the public interest and when, owing to special conditions, denial would result in unnecessary and undue hardship. In order to authorize any variance or alternative materials or methods of construction, the building official must find that:

(a)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings;

(b)

Literal interpretation of this article would work unnecessary and undue hardship on the applicant, except that economic considerations will not be considered in making a determination of hardship;

(c)

The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; or

(d)

The grant of the variance will be in harmony with the general intent and purpose of this article and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(e)

The grant of the variance will not result in a violation of the technical codes.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-55. - Appeal.

Any person whose request for an alternate type of construction and materials or method of design has been refused by the building official or a person who wishes to appeal the decision of the building official that construction does not satisfy the standards of the technical building code for reasons of safety, quality or strength, may appeal the action by the building official to the Pasco County Construction Board.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-56. - Local permitting requirements and exemptions.

Building permits are expressly required for sheds, lawn buildings, storage buildings, and other accessory structures, regardless of size and regardless of whether such structures are required to be installed by a licensed contractor or whether they are a product approved by the department of consumer affairs. Permits are not required for wooden, chain link, or PVC fences.

(Ord. No. 07-20, § 1, 9-11-07)

Sec. 18-57. - Unpermitted/unremoved mobile and manufactured homes.

A person who obtains a permit to replace a mobile or manufactured home with another must remove the original mobile or manufactured home within 30 days of the final electrical inspection of the replacement home, or within 180 days of issuance of the replacement permit, whichever is sooner.

(Ord. No. 07-20, § 1, 9-11-07)

Secs. 18-58—18-65. - Reserved.