Interpretation #7493
Published May 19, 2015
Original Request
- Code Version
- 2010
- Code
- BUILDING
- Code Description
- Building
- Chapter
- 1
- Section
- 105.4.1.1
- Topic
- Code violation trigger
Question
Is it the intent of FBC 105.4.1.1 to trigger a code violation where: 1) the permit was to remodel the interior of a stand-alone commercial building not presently open to the public; 2) the permit expired because of lack of progress or temporary abandonment; 3) no inspections have been performed; 4) no work is being performed while the permit is expired; 5) the building is locked and not accessible by the public
Answer Published 05/19/2015 at 8:03 AM
The fact that the permit expired due to lack of work is not
in itself a violation, it is an expired permit. The
jurisdiction may take any measures they deem necessary to
make certain there is no hazard to the public, but the
expired permit is not a violation of the code. The intent
of section 105.4.1.1 is to provide clarification as to what
has to occur if a permit, in this case, expires due to lack
of progress or abandonment. the applicant must obtain a new
permit prior to proceeding with construction. In addition,
buildings are required to be maintained to Chapter 33 and
NFPA 241 (Per the FFPC.)
in itself a violation, it is an expired permit. The
jurisdiction may take any measures they deem necessary to
make certain there is no hazard to the public, but the
expired permit is not a violation of the code. The intent
of section 105.4.1.1 is to provide clarification as to what
has to occur if a permit, in this case, expires due to lack
of progress or abandonment. the applicant must obtain a new
permit prior to proceeding with construction. In addition,
buildings are required to be maintained to Chapter 33 and
NFPA 241 (Per the FFPC.)
Commentary
Permits may be extended, reissued or a new permit obtained
whether work has commenced or not. Additionally, a permit
may be cancelled in the event no work has been performed.
Each of these may require a discussion with and
documentation to be presented to the Building Official for
consideration.
Where work has commenced and progress is halted, unfinished
and uninspected work could be in place, causing unsafe
conditions to exist.
Florida Statute 553.80 is the enabling legislation which
requires each local government to regulate building
construction. Often, jurisdictions supplement building code
oversight through a code enforcement ordinance or by
modifying provisions in Chapter 1. Inasmuch, whether or not
a violation of the building code has taken place hinges on
the code enforcement ordinance or administrative procedures
adopted by the local jurisdiction.