Proposed changes to Florida’s Building Codes Act would require building departments to identify specific code violations when rejecting permits, and prohibit them from requiring substantive changes to plans after a permit is issued without providing a specific code section violation described in writing. The failure to do this would subject the relevant, local building code administrator to state discipline.
HB 89, encompasses several changes to laws impacting the construction industry. Links to those other topics are at the bottom of this article, but the focus of this article is on changes to the portion of Chapter 553.70, Florida Statutes, known as the Florida Building Codes Act. The revisions to the statute require any plans examiner (whether employee of the building department or an person contracted to review the plans) to report code violations found in the plans to the enforcing agency, who must then notify the party seeking the permit of those violations so they can be corrected. The revisions also prohibit building departments from making substantive changes to the plans or specifications after the permit is issued, except where the department can identify specific building code, local code, of life safety code violations, which must be specifically identified in writing to the person who was issued the permit. Failing to provide this specific information subjects the building code administrator to discipline by the state.
553.79(2)(a)(1), Florida Statutes, is amended as underlined below:
Except as provided in subsection (8), an enforcing agency may not issue any permit for construction, erection, alteration, modification, repair, or demolition of any building or structure until the local building code administrator or inspector has reviewed the plans and specifications required by the Florida Building Code, or local amendment thereto, for such proposal and found the plans to be in compliance with the Florida Building Code. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. If the building code administrator, plans examiner, or inspector requests another local enforcing agency employee or a person contracted by the local enforcing agency to review the plans and such employee or person identifies specific plan features that do not comply with the applicable codes, the building code administrator, plans examiner, or inspector must provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant.
The proposed amendment also adds the following language to 553.79(4), Florida Statutes:
(b) After the local enforcing agency issues a permit, the local enforcing agency may not make or require any substantive changes to the plans or specifications except changes required for compliance with the Florida Building Code, the Florida Fire Prevention Code, or the Life Safety Code, or local amendments thereto. If a local enforcing agency makes or requires substantive changes to the plans or specifications after a permit is issued, the local enforcing agency must identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide the information to the permitholder in writing.
(c)1. A plans examiner or inspector who fails to provide the building code administrator with the reasons for making or requiring substantive changes to the plans or specifications is subject to disciplinary action against his or her certificate under s. 468.621(1)(i). 205
2. A building code administrator who fails to provide a permit applicant or permitholder with the reasons for making or requiring substantive changes to the plans or specifications is subject to disciplinary action against his or her certificate under s. 468.621(1)(i).
The goal of the amended statute appears to prevent local building departments from imposing requirements beyond those required by Florida Building Codes, local codes, or Life Safety Codes, and requires building officials to specifically identify the codes being violated. Failing to do so would subject the building official to disciplinary action against his or her state-issued certificate. This statute resets the balance of power more evenly between building officials and contractors in Florida.
You can click here to read the full amendment.
You can click on the links below to read our other summaries of HB 89: