(A) Prior to the issuance of a building permit for or commencement of construction of a threshold building, the owner of real property desiring to build a threshold building shall retain the services of a design professional, being a registered engineer, a registered architect, or a firm of registered architects or registered engineers, to provide special inspection services during the construction of the threshold building in accordance with F.S. § 553.79, and certification of construction upon completion of construction of and prior to the actual occupancy and the issuance of a certificate of occupancy of any threshold building, in accordance with F.S. § 553.79.
(B) The owner shall require that the design professional perform his services in the following prescribed manner and the design professional shall perform his services in the following prescribed manner. Failure of the services to be performed in the following prescribed manner shall cause denial of building permits for the threshold building, issuance of stop work orders on all phases of construction of the threshold building, or denial of a certificate of occupancy for the threshold building by the Chief Building Official.
(1) The owner shall require the design professional have in force at all times during construction, professional liability insurance in an amount not less than $1,000,000 issued by an insurance company acceptable to the city. The insurance company shall provide a certificate of insurance to the city.
(2) The owner shall require the design professional to inspect all structural components of a threshold building that are related to the public health, safety, or welfare, and to have present at all times when these components of a threshold building are being constructed a qualified special inspector, or a person registered under F.S. Ch. 471, as an engineer or under F.S. Ch. 481 as an architect.
(3) The owner shall require the design professional to maintain adequate written records of the performance of special inspection services on the threshold building at the actual job site during construction. These records shall be available for inspection by the owner, contractor, subcontractor, and all regulatory agencies, including the city.
(4) The owner shall require the design professional to permanently retain, after completion of the threshold building and after the certificate of occupancy is issued, all records provided for in division (B)(3) above at his permanent place of practice.
(5) The owner shall require the design professional, upon completion of the building and upon application for a certificate of occupancy from the city, to certify to the city that the construction of all structured components which are related to the public health, safety, and welfare were inspected at all times when the components were being constructed, that the person performing the inspection was qualified as a special inspector in accordance with law, and that, to the best of his knowledge, the construction of the threshold building complies with the application codes and the intent and design specified in the permitted documents.
(6) The owner and the design professional shall certify to the city that the design professional and his agents and employees have no business relationship with the owner, developer, financiers, general contractor, or subcontractors of the threshold building and that he has been retained as an independent professional to perform services on the threshold building. This provision is intended to prohibit the use of a design professional who has a commodity of interest with the owners, stockholders, directors, officers, employees or other persons interested in the threshold building. The design professional's fee shall not be contingent upon financial aspects of the threshold building but shall be a fixed fee, hourly fee, or a percentage of value fee. The design professional may be, but is not required to be, the architect or engineer who designed the threshold building.
(7) The owner shall submit with his application for a building permit, a true copy of a written agreement with a design professional providing for the services required in division (B)(1) through (B)(6) above and providing for adequate compensation for all special inspection services to be rendered. The owner shall cease all work on the project at any time that the design professional is not rendering the services provided for in this section and in the agreement. In the event the design professional resigns from the threshold building, the owner shall cease all work until a successor design professional is retained and a new agreement is provided to the city. The owner and successor design professional shall be responsible for providing all the certifications for the total construction required in division (B)(5) above. The owner and design professional shall notify the city in writing immediately, and not later than 24 hours later, of any temporary or permanent cessation of special inspection services to the threshold building.
(Ord. 683, passed 2-15-84) Penalty, see § 10.99