1. Building officials in Florida have the authority to interpret and enforce the Florida Building Code, but their interpretations can be challenged.
2. The Florida Building Commission has the authority to issue declaratory statements to resolve questions or doubts about the applicability of the Code to specific circumstances.
3. Declaratory statements can be requested by any substantially affected person and are used to clarify the enforcement or administration of the Code by local governments.
4. The Commission also considers appeals involving local building officials’ interpretations of the Code, providing a mechanism for resolving disputes. 1. Petitions for declaratory statements must include specific details about the petitioner’s circumstances and the statutory provision, rule, or order they believe applies. The Commission has 90 days to issue a declaratory statement or deny the petition.
2. Substantially affected persons, such as owners, builders, or associations, may request a review of a local building official’s interpretation of the Code. They must file a petition with the commission and follow the requirements of Florida Statutes.
3. The Commission reviews decisions of local building officials and enforcement agencies in interpreting the Code, especially after consideration by a local board of appeals. If no local board of appeals exists, the Commission is responsible for reviewing a building official’s decision.
4. The Commission works with the Building Officials Association of Florida, Inc. to designate members to hear requests for reviewing decisions of local building officials.
5. It is important to consult with an attorney before initiating the procedures for filing a petition for declaratory statement or an appeal, as the requirements are technical.
https://www.jimersonfirm.com/blog/2018/10/florida-building-code-interpretation-by-building-officials-florida-building-commission/
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