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Board upholds demolition order for Berkshire Road fire-damaged house; requires structural testing and new plans in 60 days
Summary
After reviewing a fire-damaged structure that previously had an issued but expired permit, the board upheld the demolition order and required the owner to submit a structural engineering report and new plans complying with the current code (eighth edition) within 60 days.
The City of Daytona Beach building board upheld a condemnation and demolition order for a fire-damaged house on Berkshire Road and directed the owner to submit a structural engineering report and a new set of plans under the current (eighth) building-code edition within 60 days. The board agreed the structure’s masonry walls may have been compromised by heat and that physical testing is necessary to determine whether the walls can support a new roof system.
Kim Flaherty, permits and licensing project manager, told the board the owner initially obtained a permit in September 2023 but work stalled and the permit later expired after the city adopted an updated code. "The permit was issued in September 2023. No work has been done other than cleaning up the property," Flaherty said. She said staff repeatedly requested documentation the contractor had cited (an insurance claim) but did not receive verification in the city’s records.
The owner's representative (counsel) said the owner pursued insurance settlement and mediation that delayed construction and said the owner now intends to scale down and resubmit plans under the new code. Counsel described attempts to keep the site secured and to prepare plans while litigation and insurance process concluded. "We are here to request some time in order to save the value that's actually there and not have to essentially raise the entire thing and start with new slab up," counsel said.
Board members and staff emphasized the city’s concern about structural integrity after a high-heat fire and recommended physical testing rather than a visual-only assessment. The board voted to uphold the demolition order and then approved a separate motion requiring submission of the engineer’s report and code-compliant plans within 60 days; if the owner fails to meet that deadline the board indicated it will move toward demolition enforcement.
Background details: staff said the permit issued under the earlier code lapsed in September 2024 because no substantial work followed issuance; the owner said mediation and settlement with the insurer delayed repairs. The board asked the owner to improve communication with staff during the 60-day period.
