– The Florida Building Code is meant to protect the public’s health, safety, and welfare by setting minimum construction requirements.
– Violations of the Code can lead to private legal action and fines for licensees, with potential suspension of permit privileges if fines are not paid.
– A material violation of the Code is a violation that may result in physical harm or significant damage to a building or its systems. – Section 553.84 of the Florida Building Code allows for legal action against those who violate the code and cause damage.
– A Florida court ruled that a supplier/materialman was not liable for a violation of the Florida Building Code in the case of Casa Clara Condominium Association, Inc. v. Charley Toppino & Sons, Inc.
– The court reasoned that the supplier/materialman was not responsible for compliance with the building code because they did not perform construction, erection, alteration, repair, or alteration of the structure. 1. A Florida federal court held that developers of a construction project cannot be liable for building code violations.
2. The court in Mann v. Island Resorts Development, Inc. ruled that the developer did not commit the building code violation and therefore cannot be held liable.
3. The court stated that Florida law does not impose a duty on the developer to supervise construction or ensure compliance with the building code.
4. Liability under the building code is only imposed on the person or party who committed the violation.
5. Section 553.84 does not impose strict liability for a violation of the building code.
https://www.jimersonfirm.com/blog/2015/10/florida-building-code-violations-claims/
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