Who is liable for a building code violation in Florida?

In addition, one Florida federal court has held that developers of a construction project cannot be liable for building code violations. See Mann v. Island Resorts Development, Inc. In Mann, a condominium owner sued a developer for building code violations associated with the construction of a terrace of a condominium unit.

Can a supplier not be charged with a building code violation?

In so doing, the court reasoned that since there was no allegation that the supplier/materialman performed construction, erection alteration, repair, or alteration of the structure, it was not charged with a duty to comply with the building code.

Is the construction code applicable to all parties?

While the Code is critical to ensuring public safety and the integrity of construction projects, it does not apply to all parties associated with a construction project. In addition, Section 553.84 does not impose strict liability for a violation of the Code.

What is the purpose of the Florida Building Code?

The purpose of the Florida Building Code (“Code”) is to establish minimum requirements to protect the health, safety, and welfare of the public. Its provisions apply to, among other things, construction, alteration, modification and repairs of buildings and structures. Therefore,…

Why is bare wood considered a code violation?

Bare wood is considered a violation because it is exposed to weathering and is vulnerable to rotting and damage by insects or rodents (mice, etc.). If the material covering the exterior wood is in bad condition (damaged siding or peeling paint), the wood is considered to be bare.

Who is responsible for code violations in your building?

Just keep in mind, landlords will try to pass on as much blame as they can, while tenants will try to eliminate any responsibilities outside of their demised premises. One rule of thumb, if the violation is associated with a permanent part of the building, the landlord should make the correction.

Who is responsible for non-compliant code violations?

Putting the property owner on notice is the primary way the code enforcement department can be assured that the owner is aware of the violation and will take steps to correct any issues. Now, who is responsible for the non-compliant problems?

What happens if you have a code violation on your property?

In either case – with a new or existing building – if the property owner doesn’t take the proper steps to reach code compliance, Hank says the city typically allows extra time, unless it becomes clear the owner doesn’t intend to correct the violation. The next step is prosecution by the city attorney.