Gregory Yantorno; The Notice of Petition for Declaratory Statement was published in Volume 40, No. 181, of the September 17, 2014, Florida Administrative Register. Petitioner seeks a declaratory statement regarding his responsibilities as a ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Building Code Administrators and Inspectors Board

NOTICE IS HEREBY GIVEN that the Board of Building Code Administrators and Inspectors has issued an order disposing of the petition for declaratory statement filed by Gregory Yantorno on August 11, 2014. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 40, No. 181, of the September 17, 2014, Florida Administrative Register. Petitioner seeks a declaratory statement regarding his responsibilities as a building code administrator according to Section 468.604, Florida Statutes. Specifically asking the following: (a) Does Section 468.604, Florida Statutes, require that Petitioner as the Building Code Administrator/Building Official have direct supervision over permitting staff; (b) If yes, what does direct supervision mean; (c) May someone who is not under the Petitioner’s supervision and is not licensed by the BCIAB be appointed to supervise permitting; (d) If Petitioner as the Building Code Administrator/Building Official no longer directly supervises the permitting process as a result of a permitting jurisdiction’s change in organizational structure, could he be found in violation of Section 468, Florida Statutes; (e) Alternatively could the jurisdiction be found in violation; and (f) Could removing the Petitioner's direct supervision over the permitting process be considered “interference by any person.” The Board’s Order, filed on December 24, 2014, denies parts “c”, “e” and “f” because Petitioner lacks standing to request the statements sought. As to “a”, review of Chapter 468 Part XII reveals no requirement that a Building Code Administrator “directly supervise” permitting staff. Given his fact “b” is moot. As to “d”, it is denied because “direct supervision” is not a term utilized in the statutory act under review.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Robyn Barineau, Executive Director, Board of Building Code Administrators and Inspectors, 1940 North Monroe Street, Tallahassee, FL 32399-0783, [phone] or by email: [e-mail].