MyFloridaCode.com

Typically the building departments require the code that is actually in
place when the application is first made.  That explains the rush to
submit the day before the code is updated.
 
Samuel A. Greenberg, PE
DANSCO ENGINEERING, LLC
P.O. BOX 3400
Apollo Beach, FL 33572
813-645-0166 ext 100
813-645-9698 fax
samg at danscoengineering.com
 

________________________________

From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of FineR at gtlaw.com
Sent: Wednesday, September 23, 2009 9:40 AM
To: glenmast at comcast.net; rharrell1 at cfl.rr.com; boafdiscussion at boaf.net;
codetalk at myfloridacode.com
Subject: Re: [Florida Code Talk] Permitted Project (Plan Revisions)


{This is not legal advice and is provided for discussion purposes only}
 
I believe (did not check recently) that the building code statute states
that a project is under the edition of the building code that was in
effect on the date when the first application for building permit was
submitted. I don't think it gives you a choice.   That being the case,
if there have been no inspections yet, you could ask the building
official to cancel the original permit and reapply and re-issue under
the 2007 FBC; or, you could just not change anything-- for the most
part, as stated below, the requirements of the 2007 code will exceed
that of 2004 and to the extent necessary, the building official could
make an "equal alternate" determination.
 
The one downside of staying under the 2004 as a matter or record is that
if the project is permitted and inspected as a 2007 FBC project, you
might get lower insurance rates.
 
Robert
 
Robert S. Fine, Esq., AIA
Environmental, Land Development, Accessibility,
Building and Life Safety Codes Law
Board Certified in Construction Law
Greenberg Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
Tel: (305) 579-0826
Fax:(305) 961-5826
E-Mail:  FineR at gtlaw.com
 

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From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Glen Mast
Sent: Tuesday, September 22, 2009 8:35 PM
To: Rob Harrell; BOAF Discussion Group; CodeTalk
Subject: Re: [Florida Code Talk] Permitted Project (Plan Revisions)


the assumption is that the newer codes are "better" so a job should be
allowed to go to the newer codes... however once you go forward you
can't go back.
 
jmho,
 
glen mast

	----- Original Message ----- 
	From: Rob Harrell <mailto:rharrell1 at cfl.rr.com>  
	To: BOAF Discussion Group <mailto:boafdiscussion at boaf.net>  ;
CodeTalk <mailto:codetalk at myfloridacode.com>  
	Sent: Tuesday, September 22, 2009 6:19 PM
	Subject: [Florida Code Talk] Permitted Project (Plan Revisions)

	Heard different opinions on this.  Would like some feedback.
	 
	 
	Scenario
	Permit application submitted and plans approved under 2004
Florida Building Code.  Plan Revisions recently submitted for review
with notations that proposed construction will now comply with 2007 FBC.
(Not verified as of this time.)
	 
	Question
	Is project restricted to codes in effect at time of permit
submittal...or can project comply with 2007 edition of FBC?
	 
	 
	Any and all replies will be greatly appreciated.  Thanks.
	 
	Rob

	
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