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Interpretations Request Input

Original Request

  • Request ID: 8483
  • Requested By: David Olivieri
  • Requester E-Mail: dolivieri@universalengineering.com
  • Code Version: 2017
  • Code: STATUTE
  • Code Description:
  • Chapter:
  • Section: 553.791
  • Topic: Architect or Engineer performing FBC inspections and plan reviews under FS 553.791
  • Question: Can an Architect or an Engineer perform Florida Building Code inspections services as described in FS 468.603(5) and (8) inspections and/or plan reviews as a duly authorized representative of a private provider and its firm without having to be licensed under FS 468?
  • Comment: None

Existing Interpretations and/or Declaratory Statements Related to this request

Input Received:

This is a Florida Statue not a Florida Building Code, so I believe it should be deferred to BCAIB for interpretation.
Russell Aldridge on 11/20/2020 at 4:19 PM
We have been wrestling with this in our jurisdiction for some time now. We have had architects design and perform inspections on their own projects after the fact without the private provider notice. In that case we sent a complaint to the architects board and their response was they didn't have any issue with it. We have also had the same scenario with engineers and have sent a complaint to their board. As of this time, we have not received a decision. Although Mr. Aldridge is probably correct, I would still like to see the general consensus from the members.
David Gilson on 11/20/2020 at 5:20 PM
Yes, as long as they are licensed under 471 or 481. Now here's the tricky part. 553 says the private provider says they can't inspect or review projects they designed. However, here's the tricky part. Section 107.6 of the FBC allows the BO to accept plan review and/or inspections by a registered architect or engineer and it doesn't say they can't be the architect or engineer of record.
Tom Goldsbury on 11/24/2020 at 4:29 PM
This is not a building code related interpretation and although we deal with it as an AHJ, should we "interpret" Statute intent?
Linda Patrick on 11/25/2020 at 2:07 PM

Answer:

Yes, as long as they are licensed under 471 or 481.
On 12/08/2020 at 2:46 PM

Commentary:

With that said, Florida Statute 553 says the private provider may not inspect or review projects they designed. However, here's the tricky part. Section 107.6 of the FBC allows the BO to accept plan review and/or inspections by a registered architect or engineer and it doesn't say they can't be the architect or engineer of record.

Comments on Draft:

I agree with the draft answer.
Joseph Belcher on 12/03/2020 at 6:00 PM
Should we leave the first sentence as the answer then put the rest in comment?
Linda Patrick on 12/03/2020 at 6:06 PM
Agree with Linda's comment
Larry Schneider on 12/03/2020 at 6:11 PM
I agree with answer, Why are we adding the commentary?
Andrew Bruhn on 12/03/2020 at 6:28 PM
I agree with the answer, don't see a need for additional information.
Pedro Quintela on 12/03/2020 at 7:50 PM
Yes. FBC 107.6 states "The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes" and FS 468.602 provides an exemption for those licensed in accordance with 471 & 481.
Furthermore, FS 553.791 for alternative plan and inspections defines a "duly authorized agent" as "an agent of the private provider identified in the permit application who reviews plans or performs inspections as provided by this section and who is licensed as an engineer under chapter 471 or as an architect under chapter 481 or who holds a standard certificate under part XII of chapter 468."
Ben Bailey on 12/05/2020 at 1:06 PM
agree with the draft answer.
Samuel Greenberg on 12/16/2020 at 5:50 PM
Publish Draft Interpretation