Building Safety and Code Compliance

City of Maitland's Questions and Answers

Hours of operation: 8:00 a.m. to 4:00 p.m.- for permits and 8:00 to 5:00 for inspection request Monday through Friday

Quick Links below to specified questions:

1. Is my house in the City Limits of Maitland
2. Do I need a Notice of Commencement?
3. Can I apply for a permit online?
4. If I am the General Contractor do I pull permits for all of the subs?
5. How much does a Building Permit Cost?
6. When is a building permit necessary?
7. Which building permits require plan review?
8. I applied for my building permit last week, when will I get it?
9. Permit Requirements:
10. Understanding the permit process:
11. Do I need a dry-in inspection?
12. When do I schedule inspections?
13. Can I cancel an inspection request?
14. What Submittals are required to obtain a permit?
15. Do I need a permit to paint my house?
16. Why does it take so long to get my permit?
17. Important Things To Remember
18. What do I need to have on the jobsite at the time of inspection?
19. What information will I need to provide when I register as a contractor in the City of Maitland if I am a State Certified Contractor?
20. Who can interpret provisions of the Florida Building Code?
21. What are the applicable codes for the City of Maitland?
22. Can I rent a construction dumpster from anywhere?
23. What Florida Statutes regulates Architects, Engineers and Contractors?
24. Can I put a shed in my backyard?
25. If I am an architect can I drop off plans for the review process?
26. Can I as the owner of a building bring in plans for a tenant?
27. Who do I call to make an appointment for Fire Inspections?
28. What hours can I engage in construction?
29. What type of fire extinguisher should I purchase for my home?
30. How often should I have my fire extinguisher checked or replaced?
31. How often should I check my smoke detector
32. Who do I contact about a City Code violation complaint?

Answers to Quick Link Questions:

1) Is my house in the City Limits of Maitland?

There are several ways to check to see if your property is within the City limits.

1) You can look on your tax receipt.

2) If you have Internet access, check your address with Orange County Property Appraisers at www.ocpafl.org and then check the City code. (E-Maitland)

3) Call the City at 407-539-6248.

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3.) Do I need a Notice of Commencement?
If the value of construction is under $2,500, both the homeowner's and the contractor's signature is required on the application, and it must be notarized. (If a homeowner is pulling a owner/builder, the owner's signature is required as the contractor for the job and their signature must be notarized). If there is a permit being pulled for mechanical change-out permit and it is over $7,000 then a Notice of Commencement is required.

If the construction is over $2,500 then the contractor's signature is required on the application notarized and the owner's signature on the Notice of Commencement. You must file your Notice of Commencement in Orange County at 401 S. Rosalind Ave. # 407-836-5115.

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4.) Can I apply for a permit online?
No. You must bring in the application, along with the required plans and documentation. You will find the permit application forms online at http://www.itsmymaitland.com/standards_safety.asp

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5.) If I am the General Contractor do I pull permits for all of the subs?
Yes, in Maitland the General Contractor pulls all of the sub contractor's permits except for fire protection and gas!

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6.) Can I pull a permit as an owner-builder?
Yes, subject to certain conditions that are stated in the following:

The exemption allows you, as the owner of your property, to act as your own contractor with certain restrictions even though you do not have a license. You must provide direct, onsite supervision of the construction yourself. You may build or improve a one-family or two-family residence or a farm outbuilding. You may also build or improve a commercial building, provided your costs do not exceed $25,000. The building or residence must be for your own use or occupancy. It may not be built or substantially improved for sale or lease. If you sell or lease a building you have built or substantially improved yourself within 1 year after the construction is complete, the law will presume that you built or substantially improved it for sale or lease, which is a violation of this exemption. You may not hire an unlicensed person to act as your contractor or to supervise people working on your building. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. You may not delegate the responsibility for supervising work to a licensed contractor who is not licensed to perform the work being done. Any person working on your building who is not licensed must work under your direct supervision and must be employed by you, which means that you must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, all as prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, and zoning regulations. [Reference: FSS 489.103(2000)]

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7.) How much does a Building Permit Cost?
The cost of the permit depends on the type of work to be done and the cost of the project to be completed. For this question please call the building department at 407-539-6248.

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8.) When is a building permit necessary?
A building permit is required for all projects to construct, enlarge, alter repair, move, demolish, or change the occupancy or occupant content of a building or structure, or any outside area being used as part of the building's designated occupancy, or to erect, install, enlarge, alter, repair, remove, relocate or replace any electrical, gas, mechanical or plumbing system which is regulated by the technical codes. A permit is not required for the following:

• Ordinary minor non-structural repairs, provided that such repairs shall not violate any of the provisions of the technical codes.
• Install A/C units (less than 3 tons), cord & plug w/existing electrical outlet, not connected to ducts.
• Any portable heating appliance, portable ventilation equipment, or portable cooling unit.
• Painting, replacing cabinets, carpet, vinyl, tile, gutters.
• Roofing 500 square feet or less.

If your intended work can be described by these words then you probably do not need a permit; portable, replacement of parts, replacement of non-structural components, no added capacity.

This type of work would include the replacement of most interior items such as interior doors, kitchen cabinets, floor coverings (tile, carpet, wood, etc.), light fixtures, switches, outlets sinks, toilets etc.

The code uses some key words that can be of assistance here. The code is Chapter 1 Administration: Section 105, a link is provided below:

http://infosolutions.com/icce/gateway.dll?f=templates$fn=default.htm$vid=icc:florida_building

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9.)Which building permits require plan review?

• New residential structures
• New residential additions or alterations
• New commercial structures
• New commercial additions or alterations
• Fire alarm systems
• Fire suppression systems
• Signs
• Swimming pools
• Accessory structures (including sheds, pool enclosures, boathouses, boat docks, retaining walls, fences, seawalls, aluminum enclosures, greenhouses, etc.)
• Construction projects that involve outside work require compliance with zoning regulations that include proper property line setbacks, adherence to land use designations and clearance for utility infrastructure and right-of-ways.

This list covers the more common projects - it does not cover all activities that require permits. It is advisable to call the Building Department before starting your work if you are not certain if a permit is required. Remember: reputable contractors know which jobs require permits in The City of Maitland and they obtain the permits as required.

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10.) Why does it take so long to get my permit?
It takes time to process but, the number one reason a permit gets held up in the system is because of "incomplete submission" of the items required by the checklist. It is VERY IMPORTANT to submit ALL required items to reduce the turn around time for your permit.

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***IMPORTANT THINGS TO REMEMBER***

• Work covered up prior to a required inspection will have to be uncovered.
• Beware of alleged contractors who ask to be paid only in cash or ask for large payments up front.
• Beware of persons offering to perform construction work at a price which seems "too good to be true."
• Make sure your contractor obtains a permit and posts it on the front of the property.
• Make sure a "Notice of Commencement" is posted with the permit placard for all jobs over $2,500 unless it is a change out for mechanical. A Notice of Commencement is required for mechanical jobs over $7,500.
• Make sure you check with your lending institution prior to filling you "Notice of Commencement."
• Do not make the final payment until your contractor provides you with copies of lien waivers from his subcontractors and suppliers.
• Do not make the final payment until all final inspections are signed on the inspection placard.

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11.) Permit Requirements:
It is not surprising that many property owners, including condo unit owners, are not familiar with local building codes. Many property owners think that it is the contractor's responsibility to make sure a building permit has been obtained. This is not true. The property owner is held responsible for obtaining the building permit.

The building code is available below:
http://www2.iccsafe.org/states/2004_florida_codes/

There are good, sound reasons for having these regulations. First and foremost, the building code is designed to protect the citizens. It ensures that the completed work meets specific standards that will protect you and your neighbors.

Sometimes a contractor may try to skirt the building permit requirements. If the code inspector finds the work in progress without the required permit, the property owner is cited (and not the contractor) for having work done without a permit. This can result in double fees for the permit and/or fines for having work done without a permit. Please see submittal Checklists for Building Permits on this Website.

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12.) Understanding the permit process:
New commercial projects must first go through the review process by the Development Review Committee and receive approval from the Planning and Zoning Board. During this process all interested City departments provide input on the proposed project. This process leads to the approval of the site plan and site permit which is a prerequisite to building permit application.

When plans are submitted, a sufficiency review will verify the general information required has been provided. Once application for a new commercial building permit has been made, plans are reviewed for code compliance by the Fire Marshal and Deputy Building Official.

Building plans are reviewed by appropriate departments in the following order as applicable to the particular project:

• Zoning-Compliance with City ordinances, heights, and setbacks.
• Public Works (Engineering & Lakes Management)-Compliance with lot grading, drainage, and lakes management requirements.
• Fire-Compliance with fire codes.
• Building-Compliance with building codes and local ordinances.

REVIEW BY ZONING FIRST

• New houses
• Additions and alterations that increase the footprint or height of the existing structure
• Any plans that indicate an increase in the air conditioned space of an existing building (porches and garages that are enclosed and turned to living space)
• Any accessory structures including fences, sheds, swimming pools, pool enclosures, screen rooms, screen enclosures, sun rooms, retaining walls, gazebos, trellis
• Any plan revision that changes the footprint, height, or conditioned area of the above.

REVIEWED BY PUBLIC WORKS

• Any plan or plan revision approved by Zoning that changes the footprint of the building, and/or affects grading or drainage
• Any waterfront improvement plan submittal (boathouses, docks, seawalls).
• Block wall fences

REVIEWED BY FIRE (FIRE MARSHAL)

• New commercial buildings, additions, and alterations.
• Residential houses utilizing fire sprinklers.
• Access to residential houses.

REVIEWED BY BUILDING (DEPUTY BUILDING OFFICIAL)

• All projects requiring plans.

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13.) I applied for my building permit last week, when will I get it?
New construction: 3-4 weeks

Alterations or additions: 2-3 weeks

There are some permits that are issued immediately; for example window for window, door for door, Re-roof, mechanical change-outs and a Re-pipe.

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14.) Do I need a dry-in inspection?
In the City of Maitland you need a dry-in inspection if the pitch of the roof is less than 4:12. If the pitch of your roof is 4:12 and over then you do not need one. The only inspection that will be required is a final. We do not take dry in affidavits.

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15.) When do I schedule inspections?
Call 407-539-6248 before 5 pm Mon-Fri, to schedule an inspection for the following working day. Next day inspections are subject to inspection work load. Inspections called in after 5 pm will be delayed and extra day.

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16.) Can I cancel an inspection request?
Yes, but you must call before the inspector arrives at your job site.

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17.) What Submittals are required to obtain a permit?
The links below provide information:

- Residential Submittal Checklist

-Commercial Submittal Checklist

-Interior Build-out checklist

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18.) Do I need a permit to paint my house?

• No, a permit is not required for painting or any cosmetic type work. You will need to check with your Homeowners Association to see if the paint or cosmetic work you are doing is ok to do in the neighborhood. IBC CODE 105.2

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19.) What do I need to have on the jobsite at the time of inspection?
· Access to permitted construction work
·Point of contact person if inspection is complex
·Plans stamped by Building Department
·Permit Inspection Record
·Work completed for scheduled inspection
·Animals restrained
·Notice of Commencement

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20.) What information will I need to provide when I register as a contractor in the City of Maitland if I am a State Certified Contractor?

If certified:

• State License
• Proof of workers compensation
• Occupational license

If registered:

• State License
• Workers Comp
• Occupational License
• Original Bond of $1,000 or $5,000 (as applicable--contact building department with questions)
• Competency Card from Orange County

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21.) Who can interpret provisions of the Florida Building Code?
Maitland's Building Official Terry Watson: (407) 539-6248 and the Florida Building Commission can render interpretations of the Florida Building Code.

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22.) What are the applicable codes for plans submitted to the City of Maitland?
As of December 8, 2006, the codes in the City of Maitland include

2004 Florida Building Code w/'06 revisions

• Includes FBC-Building w/Florida Accessibility Code for Building Construction (Chapter 11) and Energy Efficiency (Chapter 13)
• FBC-Mechanical
• FBC-Plumbing
• FBC-Existing Buildings
• 2005 National Electrical Code (by reference)
• 2004 Florida Fire Prevention Code

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23.) Can I rent a construction dumpster from anywhere?
No, if the contractor does not own his own construction dumpster then he/she must use dumpsters from, Waste Services of Florida. Their contact phone number is 407-831-1539.

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24.) What Florida Statutes regulate Architects, Engineers and Contractors?

For Engineers:
FS471:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0471/titl0471.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20471

Architects:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0481/part01.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20481%2D%3EPart%20I

Contractors:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0489/PART01.HTM

To review contractor licenses, follow the link below: https://www.myfloridalicense.com/licensing/wl11.jsp?SID=

To report unlicensed contractor activity to the Florida Department of Business and Professional Regulation follow the link below: http://www.myflorida.com/dbpr/os/communications_office/unlicensed_activity/index.shtml

For electrical contractors:
FS489 section 2
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0489/part02.htm&StatuteYear=2005&Title=%2D%3E2005%2D%3EChapter%20489%2D%3EPart%20II

For Electrical Plumbing or Mechanical Contractors designing a system exempt from having an engineer's seal see Parameter below from: 471.003

Qualifications for practice and exemptions are available at subsection H at the following link:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0471/ch0471.htm

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25.) Can I put a shed in my backyard?
Yes, if you are the owner and it is your primary residence, but you must check with the Zoning Department (Jacqueline Holt 407-539-6215) for setback requirements. You must also provide two sets of manufacturer installation specifications for a prefab shed. If you are building your shed from scratch complete construction plans must be provided. Also, indicate tie down anchoring provisions. You must also provide two sets of engineered drawings signed and sealed by an engineer or architect for any shed over 100 squares or any shed built on site.

When a shed is being inspected the inspectors look for pre-fab, tie-downs, the structure itself and setbacks to make sure it is in the proper place.

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26.) If I am an architect can I drop off plans for the review process?
No, plans are reviewed only when formally submitted by a general contractor. However, if an architect has specific plan issues to discuss, an appointment may be scheduled with the Deputy Building Official and/or Fire Marshal for review.

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27.) Can I as the owner of a building bring in plans for a tenant?
No, specific code questions may be addressed to the Deputy Building Official but permit applications and accompanying plans must be submitted by the general contractor for the project.

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28.) To make a Fire Final inspection who do I call?
Please call 407-539-6248 and one of the permit specialists will handle it for Dennis Marshall.

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29.) When do plans for Building Permits need to be signed and sealed Florida registered architect or engineer?
Generally, for commercial and multi-family construction, all plans must be signed and sealed. For detached one- and two-family residential construction, owner-occupied structures will need a licensed design professional or contractor to submit plans for wind load calculations.

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30.) Do I need a site plan or survey for residential or commercial plan review?
A dimensioned site plan is generally required for residential and commercial plan review. It must show all elements including existing and proposed changes.

A survey can be used in place of a site plan. However, commercial and multifamily residential plan reviews require the site plan (or survey) to be signed and sealed by a licensed professional.

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31.) What hours can I engage in construction?
Construction activity is allowed only from 7:00 AM until 9:00 PM and only Monday through Friday unless authorized by the Building Official. Authorization requests are considered only for reasons that benefit the City. Adverse weather or being behind on schedule are not reasons that warrant authorization.

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32.) What type of fire extinguisher should I purchase for my home?
A multipurpose dry chemical fire extinguisher minimum of 2 ½ lb, 1A:5BC rating is recommended for the kitchen area and/or a 3 1/2 lb 2A:10BC is recommended for the garage or workshop.

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33.) How often should I have my fire extinguisher checked or replaced?
For commercial properties, State Fire Code requires an annual inspection by a licensed Extinguisher Contractor. For single-family residences, we recommend you have them checked at least every other year and replaced after 12 years.

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34.) How often should I check my smoke detector?
Code recommends you test the detector using the test button at least once a month and vacuum the detector to clear any dust out of it. If you have a detector that has a battery, you should change the battery twice a year. The best way to remember is when you "Change Your Clock - Change Your Batteries."

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35.) Who do I contact about a City Code violation complaint?
Please contact our Code Enforcement Officer at 407-539-6153.

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