Requirements of Plan Reviewers When Denying Permits

Florida Statute 555.79(1)(a) lists the requirements and penalties of building plan reviewers when they issue comments and deny permit applications.

Here’s an excerpt from that section with a link to the source file here:

FS 553.79 Permits; applications; issuance; inspections.

(1)(a) … Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant.

A plans reviewer or building code administrator who is responsible for issuing a denial, revocation, or modification request but fails to provide to the permit applicant a reason for denying, revoking, or requesting a modification, based on compliance with the Florida Building Code or local ordinance, is subject to disciplinary action against his or her license pursuant to s. 468.621(1)(i).

Additionally, the 2020 FBC & 2018 IBC state the following:

 

[A] 104.11 Alternative Materials, Design and Methods of Construction and Equipment

The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.

Other states have similar statutes which can be researched to find corresponding requirements.

Last Update: April 5, 2021  

March 8, 2021 97 admin  Codes & Standards  
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