Interpretation #8099

Published April 03, 2018

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Original Request

Code Version
2017
Code
BUILDING
Code Description
Chapter
Section
105.14
Topic
Permits by affidavit

Question

Is it the intent of the Florida Building Code section 105.14 to allow an architect, engineer or licensed Building Contractor to perform inspections and submit affidavits to the building official for permitting purposes? If so, can the architect, engineer, or Licensed Building Contractor conduct the inspection and complete the affidavit for electrical, mechanical, and plumbing for permitting as well if they are qualified per the appropriate sections of 468?
Does the term "qualified" in this section mean that the person completing the affidavit must be certified under 468 or is the person completing the affidavit qualified if they are licensed as an architect under 481, an engineer under 471, or a contractor under 489?

Answer Published 04/03/2018 at 7:10 AM

Yes to architect and engineer and no to a licensed contractor. The Exemption for contractors in Ch 468, Part XII is related to the performance of services authorized by their certificate. Inspection and plan review to determine code compliance are not authorized by Ch 489, although a contractor should inspect the plans and work prior to submission for plan review and before calling for inspections. Approval under this section is at the sole discretion of the Building Official.

Commentary

105.14 references Florida Statute 468 which specifically exempts engineers licensed under 471, architects licensed under 481, and contractors licensed under 489 from building inspectors certification under chapter 468, Part XII when acting within the scope of the license. Section105.14 states that a competent person shall be hired by the owner if the engineer is not available. The "competent person" has to be an architect or engineer and not a licensed contractor. Again, approval under this section is at the sole discretion of the Building Official.