Did you get a permit for your tarp carport?

Recently, 80 without them were cited. New Port Richey asks whether such structures truly require them.

By JENNIFER GOLDBLATT, Times Staff Writer
© St. Petersburg Times
published June 20, 2002

NEW PORT RICHEY -- City officials are asking the state to decide whether a temporary carport in New Port Richey should be regarded by any other name, and whether it should treated the same as other structures.

The city plans to ask the Florida Building Commission for a "declaratory statement" on whether temporary carports -- which are typically tarps strapped down with bungee cords commonly used to cover boats -- should be considered "temporary structures" and held to requirements of the Florida building code.

In recent months, New Port Richey's code enforcement department issued 80 citations to residents for erecting these carports without permits.

Some residents who got citations said building officials told them that they were allowed to put them up without permits. They also contended that the carports are "personal property" just like lawn furniture, swing sets or grills, and should not need permits.

The city attorney has said that the city cannot waive the standards of the Florida Building Code if the carports are staying up. The code requires that they must be able to withstand wind loads of up to 130 mph.

At a City Council meeting Tuesday evening, building official Gary Brevoort said the state includes canopies in its definition of temporary structures. Those structures must be put up with a permit, and taken down in a specified time period.

Brevoort acknowledged that his predecessors might have allowed the carports to go up without permits. But, he said, in the 31/2 years that he has worked for the city, to his knowledge his staff has always told residents the structures were temporary and need a permit.

City Council members could not conclude how they wanted to define the carports at Tuesday's meeting.

"If we call it one thing, then it doesn't need a permit, but the question still goes back to the definition," said council member Ginny Miller. "Is it personal property or is it built on site as a structure?"

Council members voted 4-1 to ask the state's Building Commission to define the code on the issue.

Susan Clark cast the dissenting vote. She said the city should allow the carports that already have been put up to remain, but not let them to go up in the future.

Council members will look at the request before it is submitted to the state. The state's Building Commission is expected to render a decision about 90 days after it gets the city's letter.

City staff will not enforce the citations on the carports until after it gets the state's decision.

Tom Altman, a city resident and local attorney who also has been a vocal opponent of the citations, said he intends to independently ask the state for a declaratory statement on the issue.

"It is not a structure. It is personal property, just like lawn furniture," Altman said.

The idea that the canopies would lift up from the ground during a hurricane and cause wind damage "is ludicrous," he added. "They would be tattered if people are stupid enough to keep them up during a storm."

-- Jennifer Goldblatt covers the city of New Port Richey. She can be reached in west Pasco at 869-6229, or toll-free at 1-800-333-7505, ext. 6229. Her e-mail address is goldblatt@sptimes.com.

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