The purpose of Florida’s building departments throughout the state is to ensure that certain structures are built and inspected in accordance with local and state building codes. This process confirms that buildings meet minimum safety requirements for construction that can be relied upon by future residents and purchasers who may not have the benefit of seeing what’s behind the walls once they move in.
While building departments hold a great deal of power (as they probably should), there are limits, and recently the Sixth Circuit Court sitting in it’s appellate capacity addressed these issues in the context of the Pasco County Construction Board.
In Mod-Build, Inc. v. Pasco County Construction Board, a contractor appealed the building department’s refusal to accept his permit application on the basis that the plans were not signed or sealed by a design professional. While the court ultimately sides with the building department because there was no copy of purportedly refused application in the appellate record, the court provides some insight into the limits of a building department to refuse to accept an application.
Specifically, the court stated that while the building code requires signed and sealed drawings and allows the building official to refused to issue a permit if the plans do not comply with applicable codes and regulations, it does not allow the building official to refuse to accept an application. Thus, a building official must accept a permit application even if the official does not believe the plans are compliant.
This is because the acceptance of an application and denial of a building permit is what gives contractors the right to appeal such decisions to another party or court. By denying contractors this opportunity by refusing to accept applications, the building department is improperly eliminating an important right held by all Florida contractors.
Thus, when submitting an application for permitting, know that you have the right to have the application reviewed and to appeal a decision not to issue the permit.