Issue: DCA08-DEC-209. The petitioner seeks a declaratory statement requesting clarification of Section 105.3 of the Florida Building Code regarding what date should be used to determine the applicable code to be used to construct a manufactured building when a change in the FBC occurs.

Specifically, the petitioner asks how the date of permit application, as provided in the second paragraph of section 105.3, applies to a manufactured building. The petitioner advises that permit application occurs after the building is constructed, and only applies to the installation of a manufactured building.

Background:

1. 105.3 Application for permit. This code section states in part: 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 work for the life of the permit and any extension granted to the permit.

2. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. (emphasis added)

3. Typically, manufactured buildings are provided to the public through two avenues; as leased units owned by dealers and distributors of these buildings, or directly sold to the end user of the building.

4. Dealers in the manufactured building industry regularly purchase “stock units” such as construction site offices, sales offices and classrooms from wholesale manufacturers. These units often are built either without a specific end user in mind, or without a signed contract. These “stock units” are maintained in the dealer’s fleet until an end user is located and a contract is executed. At that point, a dealer seeks a permit from the local code official for delivery and installation of the building. The permit application does not trigger the beginning of the process as is the case in conventional site built construction, but instead occurs after manufacture of the unit. Dealers and direct manufacturers also sell temporary and permanent buildings directly to the end user.

Staff Recommendations: Staff provides the following for consideration.

Question One: Can the date of an executed contract be used to determine which version of the codes apply for a manufactured building?

Answer: Manufactured Buildings must be constructed to the Florida Building Code in effect at the time of construction. However, a clear executed contract to construct a specific building or number of buildings may be used to determine which version of the Florida Building Code applies. A contract must provide for specific data, that mirror the data required by an application for permit e.g. date of execution, building owner or dealer, date of completion, etc. The contract is subject to verification by the department.

Question Two: If the answer to question one is yes, how long may a manufacturer continue to build under that contract?

Answer: Construction/sale of manufactured buildings under an executed contract must commence within six months from the date of the executed contract. Otherwise construction must be in accordance with the current Florida Building Code.