§ 2-1325. Professional certification.
(a)
General. The Department shall have a professional certification permitting process as specifically allowed by the law of the State of Florida and subject to the terms and conditions of this Section. The expedited process set forth in this section shall be used at the option of the owner of the project and the applicant for permits for construction of structures within unincorporated Dade County. This expedited permitting process shall be an alternative to the permit process involving plans review and inspections by the Building Department, and is not intended to affect the permit review, approval and inspection process which may be performed by operation of this Code by other County departments, including, but not limited to the Department of Environmental Resources Management, Planning and Zoning, Fire, Water and Sewer or Public Works. Nothing in this article shall be construed to impair any review mandated by Federal or State law. Participation in the professional certification program shall not relieve the owner, design professional or contractor from any of their respective responsibilities for conformance with the Building Code. No approval or certification by a Responsible Person shall be deemed a waiver of any of the requirements of the Building Code. Municipalities may at their option adopt the provisions of this section through enactments of their governing authorities, whereupon they shall be entitled to participate in the registration process set forth below.
(b)
Applicability. For the period of one hundred and eighty (180) days following the effective date of this article, this section shall govern applications for permits for new construction, additions and alterations of commercial structures contained within Building Code Occupancy Groups A, B, E, F, H, I, M and S. All Building Code occupancies will be governed by this Section commencing one hundred and eighty (180) days following its effective date.
(c)
Registration. Architects and engineers who wish to participate in the voluntary professional certification program established by this Section shall register with the Office of Code Compliance of Miami-Dade County under their specific discipline. As a condition of registration, architects and engineers shall provide to the Chief Building Code Compliance Officer, in forms to be developed for this purpose, proof of the following:
(1)
Active license as an architect under Part I of Chapter 481 of the Florida Statutes or as an engineer under chapter 471 of the Florida Statutes; and
(2)
Professional errors and omissions insurance, with coverage not less than $1,000,000 per occurrence for residential construction and $2,000,000 per occurrence for commercial construction. The insurance policy shall have no deductible, except that the Board of County Commissioners may by resolution allow for a deductible as deemed necessary or advisable for the implementation of the program.
A person registered in this manner shall be referred to in this Section as a Registered Person. The Chief Building Code Compliance Officer shall maintain records of Registered Persons for each discipline and shall update such records, as required, in the event that the registration is suspended or revoked pursuant to the operation of this Section, or in the event that the Registered Person loses his or her qualifications to be so registered. In addition, the Chief Building Code Compliance Officer shall maintain records of individuals performing plans examination and inspections under this program and of such person's license and authorization to perform those services, including certification or exemption under Chapter 468 of the Florida Statutes.
(d)
Application. The permit applicant under the expedited process must submit:
(1)
Two completed sets of plans required for the work. The plans must be complete, and in accordance with all applicable codes including without limitation all laws, rules and regulations relating to building, zoning, planning, fire safety, access to the disabled, environmental protection, water and sewer and public works.
(2)
Completed verification forms to be developed by the Building Department pursuant to Administrative Order, where the permit applicant makes a notation of Yes (Y) to indicate whether the item has been fulfilled, and where applicable (E) to indicate that the applicant is exempt from the requirement. The verification form shall identify the individuals who performed plans examination and who will be responsible for performing inspections in connection with the work and the disciplines they represent, and shall submit proof of authorization to perform those services. The verification shall also contain an acknowledgment by the permit applicant and the property owner that he or she has opted for the professional certification of plans and inspections provided for in this section, and disclosure language substantially as follows:
I have opted to participate in the professional certification program made available to me by operation of State law and County ordinance. I understand that under this optional program, the Building Official for Miami-Dade will not review the plans submitted or perform the code inspections, subject only to a quality assurance program established by law. Instead, plans review and inspections will be performed through licensed personnel of my choosing. The law requires minimum insurance requirements for such licensed personnel, but I understand that I may require more insurance to protect my interests. By executing this form I acknowledge that I have made inquiry regarding the competence of the licensed personnel and the levels of their insurance and am satisfied that my interests are adequately protected.
(3)
Any required supporting documentation specifically identified in the verification form.
(4)
An affidavit or affidavits duly executed by a Registered Person, under his/her specific discipline certifying, to the extent required by the Florida Building Code, the following:
(i)
The plans submitted conform to the technical codes, including the Building Code. The plans conform to the laws as to egress, type of construction and general arrangement and show the structural design. The plans and design conform to the requirements of the building codes as to strength, stresses, strains, loads and stability.
(ii)
The plans review was performed by the individuals identified in the permit application form who are duly authorized by law to perform those duties.
(iii)
The inspection duties will be performed by the individuals identified in the permit application who are duly authorized to perform those duties.
(5)
For threshold buildings, the structural inspection plan required in accordance with Section 553.79 of the Florida Statutes. In addition, the Registered Person shall agree by submitting the affidavit:
(i)
To submit timely to the Building Official of Miami-Dade County copies of inspection reports as inspections are performed. Failure to submit reports may result in the revocation of the permit or the issuance of a stop work order.
(ii)
To submit to the Building Official upon completion of the work a certification that the structure, electrical, gas, mechanical, or plumbing system, as applicable, has been constructed in accordance with all provisions of the technical codes and other pertinent laws or ordinances.
(iii)
To assume full responsibility for review of plans and inspection of construction for compliance with all provisions of the technical codes, including the Building Code, acknowledging that the Building Department will rely on the truth and accuracy of this statement.
The Building Official shall be authorized to accept a properly executed affidavit verified by Registered Persons representing the various disciplines of architecture and engineering. The design professional who signed and sealed the plans shall not serve as the Registered Person for the construction. A person who holds a financial interest in the construction shall not be authorized to serve as Registered Person. For these purposes, a partner, employee, or shareholder of a developer, owner or contractor submitting the permit application or a participant in a design-build team together with a contractor submitting the application shall be deemed to hold a financial interest in the construction.
(6)
All applicable fees, including a permit fee to be established by administrative order which shall be used to defray the cost of clerical review of the application for completeness and the cost of the quality control system established pursuant to this Section.
(e)
Review of application. Upon receipt of a complete application, the plans and application shall be reviewed by other County departments having jurisdiction. Following all required approvals, the Building Official shall stamp the plans "Permit Issued by Affidavit" and return the job copy to the applicant together with the permit for construction not later than ten (10) days following submission of a complete permit application.
Applicants will be notified of a rejected submission. A permit application may be resubmitted to the Building Department by the applicant when all required information has been compiled.
(f)
Effect of application. The Building Official shall accept a properly completed application, and authorize the construction without further examination or inspection subject to the quality control provisions of this Section. Applicants who file under the professional certification option cannot subsequently request plan examination, approval or inspection under the same permit application, but may request cancellation of the permit. Upon such cancellation, the permit applicant may file a new permit application which shall be treated as an application for a new permit, subject to all applicable requirements for fees, plans review, examination and inspection. Applicants may also request in writing, in forms to be developed for this purpose, the interpretation or reconsideration of an issue related to the Building Code or technical codes in advance of filing the application. Such interpretation may be rendered by the responsible official, in writing, and a copy of the same will become part of the application. The Building Official shall be authorized to establish a fee to defray the cost of these services in the administrative order which implements this Section.
(g)
Amendment. Any and all amendments to the permit application and related construction documents must be submitted to the Building Department, also certified. For good cause shown, the Building Official may permit the substitution of the Registered Person or any person performing examination or inspection services, provided that the substitute person also satisfies the requirements of this Section and an amendment to the permit application is properly filed.
(h)
Inspections. The permit holder shall provide to the Building Official notice of the request to perform an inspection mandated by the Building Code at least one working day in advance of such inspection. Inspections performed by inspectors qualified pursuant to this Section shall be recorded in a form acceptable to the Building Official. Such inspection records shall reflect all inspections performed, including the mandatory inspections required by the Building Code. The inspection records shall be maintained at the job site, and in the files of the Registered Person, available for review and inspection by the Building Official. The Registered Person shall report immediately to the Building Official:
(1)
Any condition which poses an imminent threat to the safety of persons or property; or
(2)
The presence of any known violation of the Building Code which the contractor has failed or refused to correct.
Nothing in this Section shall be construed to make the Registered Person the guarantor of the construction or in any way responsible for the means and methods of the construction. In performing the inspection duties, the Registered Person shall be responsible for observing and reporting those aspects of the construction which would be observable through the exercise of due care during an inspection visit. To satisfy the requirements of this Section, the Registered Person shall only be responsible for performing those inspections specifically provided for in the Building Code or requested by the Building Official pursuant to the Building Code. For threshold buildings, the Registered Person shall be responsible for compliance with the requirements of Section 553.79 of the Florida Statutes, including the performance of inspections through a person qualified as a special inspector, and submission of the required written reports of the Building Official.
(i)
Certificate of Occupancy. Upon receipt of the certification by the Registered Person set forth in 2-1325(d)(4)(v) and all inspection reports relating to all mandatory inspections as set forth in 2-1325(d)(4)(iv), the Building Official shall issue a certificate of occupancy or completion for the construction.
(j)
Quality control.
(1)
The County, through its officials entrusted with the responsibility of performing plans reviews and approvals, shall perform audit review of at least 20 percent of all plans submitted through the affidavit program within thirty (30) days of permit issuance. The review will represent a random sample of construction types, prioritized based on public safety impact and anticipated completion date of construction. The review will place primary emphasis on the following issues; structural integrity, fire and occupant safety, egress requirements, sanitary facilities, and access to persons with disabilities.
(2)
The County, through its officials entrusted with the responsibility of performing building inspections, shall perform quality assurance inspection representing at least 50 percent of all inspections identified in the Building Code as mandatory. The quality assurance inspections will be performed to determine job progress, compliance with approved permit documents, and of violations, if any, of the Building Code. The inspections will represent a random sample of construction types, placing primary emphasis on foundation, framing and accessibility inspections. The inspections performed by the Building Department shall be for quality assurance purposes only, and shall not relieve the Registered Person for each discipline of any obligation to perform the inspections and issue the certifications provided in this Section.
(3)
The Building Official shall, through the County Manager, make an immediate report to the Board of County Commissioners upon the occurrence of any of the following conditions:
(i)
Failure of the Building Department to conduct quality assurance inspections representing a minimum of twenty (20) percent of all minimum mandatory inspections for a continuous period of three (3) months;
(ii)
Failure of the Building Department to conduct the minimum quality assurance plans examinations set forth in this section for a continuous period of three (3) months;
(iii)
A period of emergency, involving extraordinary permitting, plans examination or inspection activities;
(iv)
Any other condition which the County Manager certifies to involve a public emergency or which may compromise the County's ability to perform the quality assurance program set forth in this section.
Upon receipt of such report, the Board of County Commissioners may by resolution suspend or modify the permit by affidavit program as necessary to address the reported condition.
(4)
The Miami-Dade County Inspector General shall oversee the permit by affidavit program and provide periodic reports to the Board of County Commissioners regarding its operation.
(k)
Violations.
(1)
The Building Official may revoke a permit and issue a stop work order, or refuse to issue a certificate of occupancy in the event that the Building Official determines, through the quality assurance program, that any of the following conditions exist:
(i)
A material misrepresentation in the permit application.
(ii)
A significant error or omission in the permit documents that is not addressed, to the reasonable satisfaction of the Building Official, within ten (10) working days of notification to the permit applicant.
(iii)
Loss of certification under chapter 468 or Professional Registration or registration by any of the personnel used for plans examination or responsible for inspection of the work.
(iv)
Construction that violates the Building Code, or other technical codes, which deficiency is not corrected to the reasonable satisfaction of the Building Official within ten (10) days of notification to the permit applicant, or such other reasonable time as may be established by the Building Official.
(2)
The Building Official may issue a stop work order, revoke a permit immediately, or refuse to issue a certificate of occupancy or completion if he or she discovers a condition which poses an imminent threat to the safety of persons or property.
(3)
The Building Official may also revoke a permit for failure of the Registered Person to submit an inspection report of work in progress, as required by this Section, for a period of one hundred eighty (180) days, except for good cause shown within ten (10) days following written notification by the Building Official to the permit applicant.
(l)
Dispute resolution. In the event of a disagreement with the Building Official regarding building construction conformance with the Building Code or technical codes, it shall be the Registered Person's responsibility to meet with the Building Official and make a reasonable effort to attempt an informal resolution of any disagreements. If the Building Official and Registered Person are unable to resolve the conflict informally, then the matter must be immediately referred to the Board of Rules and Appeals which must consider the matter at its next scheduled meeting or sooner as may be required by the Building Official. The decision of the Building Official shall be in effect during the pendency of any such appeal to the Board of Rules and Appeals.
(m)
Suspension or exclusion. The Building Official in his or her discretion may suspend or exclude an owner, permit applicant, constructor or Registered Person from participating in the professional certification program established in this section for:
(1)
Violations of the provisions of this section which are not remedied to the satisfaction of the Building Official;
(2)
Three (3) or more violations of the provisions of this section;
(3)
Three (3) or more submissions of applications which are incomplete or incorrect;
(4)
Material misrepresentations or fraud in permit applications;
(5)
The existence of any condition which poses the threat of imminent bodily harm to the public;
(6)
Revocation of permit.
In addition, a Registered Person shall be suspended from participation in the program of permit by affidavit during the pendency of any disciplinary proceeding based upon the referral of a complaint by the Building Official against such person before the state board regulating his or her profession.
The Building Official shall give to the affected person written notice of any decision to suspend or exclude such person. The decision of the Building Official shall be final, subject only to appeal to the Board of Rules and Appeals of Miami-Dade County, within thirty (30) days of rendition of the decision.
Exclusion from the program of permit by affidavit shall be in addition to, and not in derogation of, other remedies provided by law for violation of professional responsibilities.
Reinstatement to the program shall be at the discretion of the Board of Rules and Appeals, upon petition and showing of education, redress of any problems causing the suspension or exclusion and other remedial measures relating to identified deficiencies.
(n)
Evaluation of program. The Building Official shall maintain records on the professional certification program established by this Section with a view towards the evaluation of its effectiveness in expediting the permit and inspection process consistent with protecting the health and safety of the public. In particular, the Building Official shall maintain records on the use of the program, the number of rejected applications, and the results of the quality assurance program. The County Manager shall report the results of the program, with recommendations, to the Board of County Commissioners, every six (6) months.
(o)
Administrative Order. The provisions of this section shall be implemented through an administrative order to be approved by the Board of County Commissioners. The administrative order shall also contain provisions for an optional expedited plan review service to be implemented by the Building Department which shall contain a fee for such optional service.
(Ord. No. 01-113, § 1, 7-10-01)