§ 13-9. Right of entry; implied consent.  


Latest version.
  • (a)

    Any application for or acceptance of any permit with respect to any construction or structure subject to the provisions of this chapter requested or issued pursuant to this chapter, constitutes agreement and consent by the persons making the application or accepting the permit to allow the authority having jurisdiction (AHJ) to enter the premises at any reasonable time to conduct any inspection required by this section for the purposes of completion of construction, modification, or alteration of the structure.

    (b)

    The Fire Chief or his/her designee may "detail" fire department personnel for stand-by duties to those places of assembly or other locations where it is likely to be deemed necessary for safety reasons or where there is a likelihood of violations being prevalent which may create a hazardous situation. Generally this right of entry would be exercised where large crowds are expected in places of assembly or during the visits of dignitaries. When necessary for Fire Department personnel and/or fire apparatus to be assigned for such detail, the Fire Department may assess reasonable fees based on actual costs incurred.

    (c)

    All properties within the defined boundaries of the County shall be inspected once within a 12- to 24-month cycle, or as reasonably possible. It is preferred that all commercial and those residential properties covered by this chapter or State codes be conducted on an annual basis. . Properties shall be evaluated per a specific set of standards, referencing The Fire Protection Handbook; Hazard Classification; State law (mandates); and past historical data.

    (d)

    All inspected properties shall be given a one-month period to repair or correct any deficiency found during this inspection. In the discretion of the licensed inspector, if the client, resident or occupant needs more time, and has shown substantial compliance, an additional two-week period may be applied. Thereafter, additional time may be allowed with an action plan submitted by the client, tenant or property owner.

    (e)

    If the establishment has not met compliance at the completion after this second two-week period, a notice of violation may be issued per State law. If the establishment has not met compliance, or shown substantial compliance, then an order to comply shall be issued, followed by a summons as defined under F.S. ch. 633.

    (f)

    At various times, the County Commercial Development or Building Department as required by this Code may require certificate of use, certificate of occupancy, change of use inspections with or without being in conjunction with an active permit. This may include, but is not limited to, conceptual reviews. A charge or fee based upon a reasonable rate, as established by the Board of County Commissioners from time to time and on file with the County Attorney's Office, shall be charged.

(Ord. No. 2012-03, § 9, 6-29-2012)