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ORDINANCE CREATING SECTION 8-9 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP AND IMPLEMENT A SAME-DAY PERMITTING PROGRAM FOR CERTAIN PERMIT APPLICATIONS FOR CERTAIN RESIDENTIAL PROJECTS AND TO PROVIDE REPORTS EVERY SIX MONTHS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, section 8-1 of the Code of Miami-Dade County, Florida, adopts the Florida Building Code, which requires building permits before the commencement of work on specified construction or demolition projects; and
WHEREAS, the Building Official for Miami-Dade County administers the Florida Building Code for the County�s unincorporated area, and the building officials for the municipalities in Miami-Dade County administer the Florida Building Code for their respective municipalities; and
WHEREAS, permit application processing times may vary based on the complexity of the proposed construction and the type of property where construction would occur; and
WHEREAS, minor construction projects on residential properties may be less complex and therefore suitable for an expedited permitting process; and
WHEREAS, such minor residential construction projects may include:
* Fences with a height equal to or less than six feet;
* Gates;
* Stairs and railings;
* Driveways and pavers;
* Trusses;
* Pools;
* Windows, doors, shutters, skylights, and garage doors;
* Roofing and re-roofing;
* Kitchen or bathroom remodels;
* Interior or partial demolition;
* Prefabricated sheds;
* Minor, non-structural repairs; and
* Mechanical, electrical, and plumbing repair permits; and
WHEREAS, however, projects requiring structural review, projects on properties within historic districts, projects on properties with open code enforcement cases, and projects to legalize existing violations may not be suitable for expedited permit processing; and
WHEREAS, a same-day permitting program for minor residential construction projects would benefit homeowners by simplifying and streamlining the permit application process; and
WHEREAS, such a program may require applicants to electronically submit documents and plans prior to an in-person >>or virtual<<1 meeting with permitting staff, where staff may provide same-day reviews and, as appropriate, same-day permits for eligible projects; and
WHEREAS, this Board wishes to reduce permit processing times for certain permit applications for certain residential projects through the establishment of a same-day permitting program; and
WHEREAS, this Board also wishes to require reports every six months to provide transparency, evaluate this program�s effectiveness, and identify opportunities to further streamline the permitting process for residents[[,]]>>; and
WHEREAS, lastly, this Board wishes to require refunds of permit application fees for applications not approved on the same day, if the reported factors contributing to the delay were caused by the reviewing department rather than by the applicant,<<
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The foregoing recitals are incorporated herein and approved.
Section 2. Section 8-9 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Sec. 8-9. Same-Day Permitting Program for
Eligible Residential Projects.

(a) The County Mayor or County Mayor�s designee shall develop and implement a same-day permitting program for eligible applications. Eligible applications shall include building permit applications and, where appropriate, public works permits or zoning improvement permits (ZIPs) for the following minor residential projects, subject to such limitations as the County Mayor or County Mayor�s designee may deem appropriate based on the complexity of the review involved:

(1) Fences with a height equal to or less than six feet;

(2) Gates;

(3) Stairs and railings;

(4) Driveways and pavers;

(5) Trusses;

(6) Pools;

(7) Windows, doors, shutters, skylights, and garage doors;

(8) Roofing and re-roofing;

(9) Kitchen or bathroom remodels;

(10) Interior or partial demolition;

(11) Prefabricated sheds;

(12) Minor, non-structural repairs; and

(13) Mechanical, electrical, and plumbing repair permits.

(b) Building permit applications and, where appropriate, public works permits or zoning improvement permits (ZIPs) for projects requiring structural review, projects on properties within historic districts, projects on properties with open code enforcement cases, and projects to legalize existing violations shall not be eligible for the same-day permitting program. Applicants shall be required to electronically submit necessary documents and plans prior to an in-person >>or virtual<< meeting with permitting staff, and at such meeting, staff shall provide same-day application review and, as appropriate, same-day approval of the permit application.

(c) This program shall be implemented through an implementing order to be approved by the Board of County Commissioners.

(d) The County Mayor or County Mayor�s designee shall submit written reports every six months to the Board of County Commissioners, which reports shall be placed on an agenda of the full Board without committee review pursuant to rule 5.06(j) of the Board�s Rules of Procedure. The reports shall detail the following:

(1) The total number of same-day permit applications submitted during the reporting period;

(2) The total number of applications that were approved on the same day;

(3) The total number of applications that were not approved on the same day; and

(4) For those applications not approved on the same day, an explanation of the reasons why same-day approval was not achieved, including any recurring issues, deficiencies, staffing constraints, or other factors contributing to the delay.

>>(e) For those applications not approved on the same day, if the reported factors contributing to the delay were caused by the reviewing department rather than by the applicant, then all permit application fees shall be refunded to the applicant within 30 days after payment.<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.