STATE OF
BUILDING COMMISSION
In the Matter of
NOVA Engineering and
Environmental , LLC, Case #: DCA08-DEC-337
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Roger W. Sanders, CBO, and J. Doug Coffey, Jr., both of the NOVA Engineering and Environmental LLC, which was received on November 10, 2008. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. Petitioner
performs building code inspection services in the State of
3. Petitioner has been requested to perform inspections as a private provider for projects where the entirety of the work to be performed is an air conditioner change-out.
4. The Petitioner inquires whether the statute authorizes private provider services for that purpose or whether those services are only authorized projects subject to multi-phased permits and multiple inspections?
Conclusions of Law
1. The
2. Section 553.791(2), Florida Statutes (2007), states in pertinent part:
Notwithstanding any other law or local government ordinance or local policy, the fee owner of a building or structure, or the fee owner's contractor upon written authorization from the fee owner, may choose to use a private provider to provide building code inspection services with regard to such building or structure and may make payment directly to the private provider for the provision of such services. All such services shall be the subject of a written contract between the private provider, or the private provider's firm, and the fee owner or the fee owner's contractor, upon written authorization of the fee owner.
3. Section 553.791(1), Florida Statutes (2007), defines building as “any construction, erection, alteration, demolition, or improvement of, or addition to, any structure for which permitting by a local enforcement agency is required.”
4. The plain language of the statute does not limit private provider services for inspections to only a general building permit for an entire building. The private provider services may include inspections required for alterations, including an air-conditioner change-out and to any structure for which a stand-alone permit is issued.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED
this ______ of _____________, 2009, in
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2009.
______________________________
PAULA P. FORD
Commission Clerk
Via
Roger W. Sanders, CBO Mo Madani, C.B.O. Manager
J. Doug Coffey, Jr. Codes and Standards Section
NOVA Engineering and
Environmental Department of
Community Affairs