MyFloridaCode.com

If the permit hasn't been issued then the contractor should be able to update to the newer code if it has come into effect or would come into effect before the issuance of the permit.  The down side would be the possible cost to update the plans to meet the newer code.  Normally what ever code that is in effect at the time of application is the code that the plans should reference in the design statement.  Because you know there is never a last minute change in the date the new code will take effect. 

 

Steve
 


Date: Wed, 23 Sep 2009 11:55:02 -0400
From: SamG at danscoengineering.com
To: FineR at gtlaw.com; 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)




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 
To: BOAF Discussion Group ; CodeTalk 
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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