Issue: DS2013-068. The Petitioner, Michael Goolsby, Director, of the Board and Code Administration Division, Miami-Dade County Department of Regulatory and Economic Resources, is requesting clarification with regard to the code edition that would govern the construction of a project.

The Petitioner’s questions are as follows:

Question 1:

Does the practice of establishing the building code which governs construction of a building based upon the permit application date, as contained in Section 105.3 of the Florida Building Code and Florida Statute 553.73(6), only apply to permit applications made prior to March 1, 2002?

Question 2:

If a permit application was made prior to March 15, 2012, but after March 1, 2009, is the 2007 edition of the Florida Building Code the building code which governs the permitted work for the life of the permit and any extension granted to the permit?

Background:

Situation: A permit for the construction of a high rise multi-use building was submitted and recorded prior to March 15, 2012.

Both Florida Statute and the Florida Building Code provide guidance in establishing the building code which must henceforth govern the construction of a project.

Provided below, is Section 105.3 of the 2010 edition of the Florida Building Code and the text of [Florida] State Statute 553.73(6). The content of both are substantially similar.

2010 Florida Building Code, Building:

105.3 Application for permit.

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes.

Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted word for the life of the permit and any extension granted to the permit.

Florida Statutes:

FS 553.73(6) The initial adoption of, and any subsequent update or amendment to, the Florida Building Code by the commission is deemed adopted for use statewide without adoptions by local government. For a building permit for which an application is submitted prior to the effective date of the Florida Building, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit.

Staff analysis:

To Question 1:

Does the practice of establishing the building code which governs construction of a building based upon the permit application date, as contained in Section 105.3 of the Florida Building Code and Florida Statute 553.73(6), only apply to permit applications made prior to March 1, 2002?

The answer is “No”. The practice of establishing the building code which governs construction of a building based upon the permit application date is applicable to all permits and editions of the Florida Building Code implemented to date.

To Question 2:

If a permit application was made prior to March 15, 2012, but after March 1, 2009, is the 2007 edition of the Florida Building Code the building code which governs the permitted work for the life of the permit and any extension granted to the permit?

The answer is “Yes”. As per Section 105.3 of the 2010 FBC, Building, the project in question is subject to the construction requirements of the 2007 Florida Building Code.