STATE OF
BUILDING COMMISSION
In the Matter of
MITCH THOMAS Case #: DCA09-DEC-257
Petitioner.
_________________________/
DECLARATORY STATEMENT
The foregoing proceeding came before the Florida Building Commission (the Commission) by a Petition from Mitch Thomas which was received as amended on July 13, 2009. Based on the statements in the petition, the material subsequently submitted and the subsequent request by the Petitioner, it is hereby ORDERED:
Findings of Fact
1. The petition is filed pursuant to, and must conform to the requirements of Rule 28-105.002, Florida Administrative Code.
2. The Petitioner has obtained certification from the State as a specialty electrical contractor, specifically within the specialty of limited energy systems.
3. The Petitioner has performed, and intends to perform in the future, jobs relating to low-voltage electrical systems for telephones, data transmission, fire and security systems, closed-circuit and cable television, paging systems and speakers.
4. The Petitioner inquires whether the work he performs is subject to permitting pursuant to the Florida Building Code and related statutes?
Conclusions of Law
1. The
2. The
3. A
permit is required to “construct, erect, alter, modify, repair, or demolish any
building within this state . . ..” §553.79(1),
4. The Code expressly incorporates provisions relating to “the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.” Section 101.4.1, Florida Building Code, Building Volume (2007 as amended 10/1/09). The Code does not except or exempt low-voltage electrical systems from application of these provisions.
5. While the Code recognizes the potential for unpermitted ordinary minor repairs, work related to electrical systems is explicitly excepted from the scope of ordinary minor repairs. Section 105.2.2, Florida Building Code, Building Volume (2007 as amended 10/1/09).
6. Local enforcement agencies are authorized to exempt restricted classifications of work from the Florida Building Code by local action provided that if the work is performed by a property owner, area of the addition or alteration does not exceed the lesser of 1000 square feet or the size of the primary structure; or, if the work is performed by a non-owner, the cost thereof does not exceed $5000 within any 12 month period of time. §553.80(3), Florida Statutes (2009), and Section 102.2.5, Florida Building Code, Building Volume (2007 as amended 10/1/09).
7. Based on the foregoing, in the absence of a local exemption from the Code and for work exceeding the scope of permissible exceptions, the Florida Building Code requires that a permit be obtained for work related to low-voltage electrical systems for telephones, data transmission, fire and security systems, closed-circuit and cable television, paging systems and speakers.
Petitioner and all
other interested parties are hereby advised of their right to seek judicial
review of this Order in accordance with Section 120.68(2)(a), Florida Statutes,
and with Fla. R. App. 9.030(b)(1)(C) and 9.110(a). To initiate an appeal, a Notice of Appeal
must be filed with Paula P. Ford, Clerk of the Commission,
DONE AND ORDERED
this ______ of _____________, 2009, in
______________________________
Raul L. Rodriguez, AIA, Chair
Department of Community Affairs
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was sent to the following by the method indicated on this ________ day of __________, 2009.
______________________________
PAULA P. FORD
Commission Clerk
Via
Mitch Thomas Mo Madani, C.B.O. Manager
4377 Commercial Way Codes and Standards Section