DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Notice of Florida Building Code Binding Interpretation
RULE NO.:RULE TITLE:
61G20-1.001Florida Building Code Adopted
NOTICE IS HEREBY GIVEN THAT the Binding Interpretation Panel has issued a binding interpretation pursuant to Section 553.775, Florida Statutes, submitted by Hendrick Roofing, Inc., and accepted by BOAF on February 9, 2018. The following is a summary of the interpretation:
Issue (as stated by Petitioner): Section 104.9, FBC should be interpreted at the very least to mean that when, as here, a building official has approved the material based on required documents submitted by Petitioner but has denied local product approval based upon failure to submit an affidavit from the Engineer of Record stating that the approved materials have been installed pursuant to such approval, that Petitioner (and the Engineer of Record) has a right to conduct such an inspection prior to a denial by the building official and in accordance with the official's own instructions. Further, when the building official or his inspector has already inspected the installed material and such installation passed final inspection, the same material should receive final permit approval when the only amendment to the permit application after initially being passed was the name of the material manufacturer. The installation method for the metal roofing panels is identical, save for the name of the manufacturer. If the installation was adequate before a minor amendment regarding the manufacturer was made, it stands to reason the inspection results should remain the same after and the permit should be immediately reinstated and finalized without any further inspections being required.
Answer: The Building Official has the authority to deny local product approval due to the lack an installation instruction specification submittal from the design professional.
The Building Official has the authority to revoke a permit, as provided by FBC 105.6, that has been determined to be issued or has passed final inspection that is not in compliance with the Florida Building Code. [The permit in question was obtained and approved within one year of filing of this interpretation request.]
The Building Official can accept an inspection affidavit, as provided by FBC 105.14, from the design professional, if the Building Official deems the affidavit addresses the scope of the installation and code compliance issues in question with sufficient specificity.
In this particular situation, the design professional is allowed under the Florida Building Code to conduct a field inspection of the roof system.
A copy of the Interpretation may be obtained from https://floridabuilding.org/bi/bi_bind_interp_srch.aspx, or by contacting the Codes and Standards section at (850)487-1824.
