Interpretation #7741
Published March 23, 2016
Original Request
- Code Version
- 2014
- Code
- BUILDING
- Code Description
- Chapter
- Section
- 105.1
- Topic
- Homeowner Exemption
Question
Is it the intent of 105.1 and the word owner to mean a homestead owner? Can any owner pull a permit on his/her own home under 489.103 even if it is not their primary residence? As an example, a snowbird that does not qualify for, or has not applied for the homeowner exemption due to the length of occupancy requirements.
Answer Published 03/23/2016 at 8:07 AM
No. Florida Building Code - Building section 105.1 states
that which activities regulated by the code require a
permit. It states that the permit must be obtained by the
owner or their authorized agent prior to commencing the work.
When an owner is not properly licensed for the activity to
be to be done they may use the Owner/Builder exemption in
f.s. 489.103. The required Owner/Builder Disclosure
Statement sets forth conditions for the exemption. When
they are met the Owner may obtain the permit.
Primary or homesteaded residence status is not a condition
for the exemption.
that which activities regulated by the code require a
permit. It states that the permit must be obtained by the
owner or their authorized agent prior to commencing the work.
When an owner is not properly licensed for the activity to
be to be done they may use the Owner/Builder exemption in
f.s. 489.103. The required Owner/Builder Disclosure
Statement sets forth conditions for the exemption. When
they are met the Owner may obtain the permit.
Primary or homesteaded residence status is not a condition
for the exemption.
Commentary
The primary residence or homesteaded property requirement
remains improperly enforced in many jurisdictions. A
seasonal resident retains the same rights under the statute
as any other owner. A seasonal owner that does not lease or
rent the dwelling may use the Exemption because the home is
for the owners personal use.