Proposed Statute With Numerous Changes to Florida's Building Codes Act Headed to Governor for Signature

The changes affects plan requirements for window, door, and garage door replacements; make changes to the sections governing private providers; impose new deadlines for permit application approvals and penalties for failing to meet them; and new standards for certain unvented spaces.

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New Law Prevents Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

The new statute requires local fire officials to identify specific code violations when rejecting permits, and prohibits 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 fire official to state discipline.

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New Statute Requires Building Officials to Provide Code Sections When Requiring Changes to Plans or Work

The new law, effective July 1, 2023 requires building departments to identify specific code violations when rejecting permits, and prohibits 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. The apparent intent behind the new law is to prevent building officials from arbitrarily rejecting or requiring changes to plans.

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HVAC Contractor has Permitting Privileges Suspended for 18 Months for Pulling Wrong Type of Permit

The contractor pulled an “express change out permit” for work that included the installation a new HVAC unit, new electrical, and new ductwork. While the contractor asserted five challenges to the suspension, it was ultimately upheld by the court that found competent evidence supported the suspension and the length of the suspension.

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Proposed Statute Would Prevent Fire Safety Official from Requiring Changes to Plans Without Specific Code Section Requiring Change

Proposed changes to minimum fire safety standards statute would require local fire officials 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 fire official to state discipline.

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Proposed Statute Would Prevent Building Departments from Requiring Changes to Plans Without Specific Code Section Requiring Change

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.

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Court Holds that General Contractor Cannot Delegate Duty to Ensure Compliance with Building Code to Subcontractors

Florida’s 18th Judicial Circuit Court recently granted a motion for summary judgment in favor of a homeowner’s association, concluding that a general contractor who constructed 314 town homes was liable for the building code violations of its subcontractors on the project and could not delegate responsibility directly to them.

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Recent Court Decision Confirms Measure of Damages in Construction Cases and Awards Homeowner $40,850 Over Failure to Pull Proper Permits

Last week Florida’s Fourth District Court of Appeal issued an opinion the described and confirmed the ways breach of contract damages can be calculated in construction disputes and allowed termination of a contract for failure to pull proper permits. This case serves as a good reminder to do things the right way and has some great discussion of the type of information contractors should expect to provide in court over a payment dispute.

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