ISSUE:
Declaratory Statement number: DCA07-DEC-O20 Petitioner, Ed Riley, Fire Code
Official’s Office,
BACKGROUND:
To clarify who, the “appropriate” firesafety inspector might be, pursuant to 553.79(2) and if the building official is required to gain approval of the “appropriate firesafety inspector prior to issuing a phased permit allowed under section 105.13 of the Florida Building Code.
To clarify if the building official chooses to allow work to start prior to the issuance of a permit in accordance with FBC Section 105.12, does he have an obligation to monitor the site to verify that the construction does not proceed beyond to first required inspection and if so would this obligation extend to construction conducted by affidavit?
QUESTIONS with STAFF RECOMMENDATIONS:
1. Does the Building Official have the authority to issue phased permits without the approval of the “appropriate” firesafety inpector? Answer: No, according to 553.79(2), Florida Statutes, review and approval of the fire inspector is also required.
2. Florida Statute 553.79(2) refers to the “appropriate” firesafety inspector. Would the “appropriate” be a person certified pursuant to 633.081 who must also be authorized under Florida Statute 633.121? Answer: The Florida Building Commission has no authority to answer this question since it is specific to Florida Statute 633. The authority having jurisdiction for 633 FS is the State Fire Marshal.
3. If the answer to number 2 is no, who would qualify as the appropriate firesafety inspector? Answer: See answer to question 2.
4. Does the Building Official have a responsibility to monitor project, allowed to start work prior to the issurance of a permit, to verify that they do not proceed beyond the first required inspection prior to the issuance of the permit? Answer: No, it is the responsibility of the building owner that he does not proceed beyond the first required inspection.
5. If the answer to number 4 is yes, does the responsibility to monitor the progression of the work, allowed to begin prior to the issurance of a permit, extend to projects that are submitted as permit by affidavit? Answer: It is nor applicable, see the answer to question 4.
6. If the answer to numbers 4 or 5 is yes, would the Building Official be required to issue a stop work order for a project that was allowed to start work prior to issurance of a permit and that proceeded past the first required inspection without receiving a valid permit? Answer: According to section 114 of the code, the building official is authorized to issue a stop order in this case.
<End>