Interpretation #8014

Neither Florida Statute cited by Section 107.1 requires input from a registered design professional for residential construction. While Ch. 471, F.S. is silent on the subject, the requester is correct in that Ch. 481, F.S. provides a specific exemption for residential construction at Ch. 481.226(1)(b). Further, another Florida Statute specifically exempts screen enclosures and other structures from Chapters 471 and 481 Florida Statutes. [Ch. 489.113(9)(b), F.S.] “This part, chapter 471, chapter 481, or any other provision of law does not: 1. Prevent any licensed engineer or architect from contracting directly with a licensed contractor for the preparation of plans, specifications, or a master design manual addressing structural designs used to make an application for building permits. 2. Require a licensed engineer or architect, when preparing drawings, specifications, plans, or master design manuals for use by any licensed contractor, to prepare site‑specific drawings, specifications, or plans for the design and construction of single‑family and two‑family dwellings; swimming pools, spas, or screened enclosures; or any other structure not exceeding 1,200 square feet or one story in height. For the purpose of issuing building permits, local building officials shall accept such drawings, specifications, or plans when submitted by any licensed contractor. Upon good cause shown, local government code enforcement agencies may accept or reject plans prepared by persons licensed under chapter 471, chapter 481, or this chapter. As used in this section, the term “master design manual” means a restrictive design manual intended to be used to design, permit, and construct structures as described in this section. Any such manual must be prepared by a licensed engineer or architect and specifically detail the limits of its use, including, but not limited to, the structure type, size, materials, loading conditions, time limits, applicable codes, and associated criteria. The manual must also detail the required training for the contractor, engineer, or architect using the manual. All master design manuals must be peer reviewed by an independent licensed engineer or architect having no financial interest in the development of the manual or the construction of structures pursuant to the manual. The engineer or architect conducting the peer review must be identified in the manual.” [Ch.489.113(9)(b)] With the possible exception of Miami-Dade and Broward Counties due to language in their enabling legislation, a design professional is not required to sign and seal plans for a residential pool screen enclosure.