FBC 2001 Code

Local Inspection Issues Florida and SUNachi Inspectors
21

No, Building Inspectors and Officials are the only one’s that can ENFORCE building codes, not the only one’s that can use building codes.

Better questions, can you provide a FS that says a home inspector can not comment on building code compliance? Maybe not required to, but certainly not prohibited from.

"I have not found anything in Florida Statutes stating a Home Inspector can perform building code compliance inspections. If this is allowed please provide FS reference"

Then you haven’t actually taken the time to read your standards thoroughly:

**[FONT=Times New Roman][size=2]61-30.801 Standards of Practice, General.
[FONT=Times New Roman][size=2][FONT=Times New Roman]size=2 These standards shall not be construed as limiting the scope of the inspection process in those areas where the inspector is qualified and/or has special knowledge.

[/size][/size][/FONT]
[/FONT][/size][/FONT]**
Just because your wind mitigation instructor didn’t teach you building codes, doesn’t mean you’re not required to know them to complete the report as it would fall under “qualified and/or has special knowledge”.

22

"For number 1 above. You can provide a copy of the Building Official’s Final Inspection. The final inspection shows that the home was built in compliance with the appropriate FBC for newer homes."

**Florida Building Code: Inspections 110.1 General. **Construction or work for which a *permit *is required shall be subject to inspection by the *building official *and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the *permit *applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the *building official *nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

A permit, and the final inspection DO NOT confirm compliance with the Building Codes, everyone knows that. The permit is just approval to proceed with work…nothing more.

23

Qualified persons to complete the OIR-B1 1802 are as follows:

1. Building Code Inspector: required to know and enforce building codes.
2. Division 1 Contractors, CGC, CBC, CRC: required to know and perform to building codes.
3. Architects: Required to know and perform to building codes.
4. Engineers: Required to know and perform to building codes.
5. Home Inspectors: Not required to but not prohibited from knowing building codes.

See any pattern here?

With your thought process, HI’s are allowed to complete the form at a less restrictive level. Don’t see that written anywhere!

24

Robert,

My comments about code inspections apply to #1 of the OIR-B1-1802 form.

Was the structure built in compliance with the Florida Building Code (FBC 2001 or later)?

The only people that can perform building code compliance inspections is the Building Offical and Building Code Inspectors and these people have to be certified/qualified in the proper category and Must be an employee of local governments or state agencies. The same applies to private providers. This is stated in FS and it takes precedence over anything else.

Florida Statutes partial

468.603Definitions.—As used in this part:
 (2)“Building code inspector” means any of those employees of local governments or state agencies with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance.

468.604Responsibilities of building code administrators, plans examiners, and inspectors.—
 (1)It is the responsibility of the building code administrator or building official to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems within the boundaries of their governmental jurisdiction, when permitting is required, to ensure compliance with the Florida Building Code and any applicable local technical amendment to the Florida Building Code. The building code administrator or building official shall faithfully perform these responsibilities without interference from any person. These responsibilities include:

They are required to ensure compliance with the Florida Code.

Question #1 on the 1802 form.

How can you the Home Inspector say that the structure was built in compliance with the Florida Code (FBC 2001 or later) when a majority of the items to be inspected during construction is now covered up or not visible?

And why would you want to assume that liability when someone else was required to ensure compliance with the building code and you are allowed to provide documentation of this.

2010 Florida Building Code (Building)
111.2 Certificate issued.

After the *building official *inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the *building official *shall issue a certificate of occupancy that contains the following:

  1. The building *permit *number.
  2. The address of the structure.
  3. The name and address of the owner.
  4. A description of that portion of the structure for which the certificate is issued.
  5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.

**

110.1 General. (2010 Code)**

Construction or work for which a *permit *is required shall be subject to inspection by the *building official *and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid.

To me, this means if we passed it on the inspection, it still might be wrong.

They are still required by FS to ensure compliance with the building code.

I provide copies of the CO or other signed off city/county/private provider inspections for determining compliance with the building code.

Home Inspectors can not perform building code inspections unless certifed/qualifed in the proper category and must be an employee of city/county/state government or employee of a private provider.

I agree that Home Inspectors should be knowledgeable in the building code. It will make you a better inspector, especially on newer homes. And if you find something wrong on these newer homes you can use the building code as reference material. You just can not perform building code inspections and should inform people of the difference.

Richard Haynes

25

We can solve this real quick and simple…just provide me with a statutory reference that says home inspectors are prohibited from commenting on or determining compliance with Building Codes. The statute you referenced only references who is required…we already know HI’s are not required, we confirmed this a few posts back.

I’ll be waiting…

HI’s were deemed qualified to complete the form, we BOTH agree they are not and far from it. The moment you pick up that form and charge a customer to complete it, you hold yourself out a qualified to confirm building code compliance. And the courts agree!

I’ll be waiting…

26

They why is questions #1 even on the form? All of that information is public information. Most people that fill that out do not even check permits. They just use the appriasers site. Cant the insurance underwriter do the same thing?

27

***"Home Inspectors can not perform building code inspections unless certifed/qualifed in the proper category and must be an employee of city/county/state government or employee of a private provider.

I agree that Home Inspectors should be knowledgeable in the building code. It will make you a better inspector, especially on newer homes. And if you find something wrong on these newer homes you can use the building code as reference material. You just can not perform building code inspections and should inform people of the difference.

Richard Haynes*** "

Can you provide a statute to verify this claim? Everything you posted only referenced who is required, not who could or couldn’t comment on or inspect for.

28

Question one is on the form to shift liability…to guess who?

I have had this conversation so many times it hurts.
If the insurance companies want to know what year the home was built in or what the permit application date was, just ask that question.

Enjoy yourselves beating this horse… :stuck_out_tongue:

Off for a week in Orlando and then…time to plan the first week of lobster season trip in the Keys! :slight_smile: Busy, busy, busy…:smiley:

29

Eric, I already knew the answer. But you knew that. Hey, I played golf for the first time in a long time with my son yesterday. Shot a 93. No too bad for an old guy whose back is fused and cannot twist. I think my swing looks like Arnie Palmer a little.

30

I saw the video…let’s just say…I am glad you can hit the ball! :slight_smile:

31

i like your style dennis (and nick too)

32

Blast from the past.

33

This shows you how much of a better tool this message board is than Facebook. I believe all Home Inspector groups on Facebook are private/closed groups. That creates a couple of issues. One is anyone doing a search on a topic will have a very difficult time finding the discussion. The second is, it is private to the general public. The general public can never find information discussed by the professionals and the also are not able to see who are not the professionals.

34

I haven’t done many Wind Mits and this seems to be a very good topic for research. It seems that people are getting waaaaay too deep into the weeds on the form.

“1. Building Code: Was the structure built in compliance with the Florida Building Code (FBC 2001 or later) OR for homes located in the HVHZ (Miami-Dade or Broward counties), South Florida Building Code (SFBC-94)?”

A. Built in compliance with the FBC: Year Built _. For homes built in 2002/2003 provide a permit application with a date after 3/1/2002: Building Permit Application Date (MM/DD/YYYY) //

This is answered by digging up the original application (sometimes not always simple) and getting the actual date it was ‘applied’ for if it was any time in 2002 or 2003. If the home was built before or after those years then almost all proper answers can come from the property appraisers website for the original build date (provide a screenshot in report). The “compliance” for the home is determined by the ‘Building Inspectors’ during the build process… not HI’s after the fact years later. Look up the date of build and answer the form’s questions. The ‘Building Inspectors’ determined the house was habitable, by virtue of progress inspections, and issuing a Certificate of Occupancy (CO). The contract I have with my client is to complete the form based on the information determined by researched documents, documents the home owner provides and facts determined during the inspection.

I’m not trying to stir the pot and tick off anyone… just researching the experience of many with their own insights who came before me.

2 Likes
35

I am definitely late to the party,but I would be willing to have you impart some knowledge on me. I am a lowly $80 inspector. But am eager to learn. If you are still around e mail me at justin@prospectionhi.com. I I might even take your 120hr 3 day course.