Mike Silvers, CPRC, Owner, Silvers Systems Inc. and FRSA Technical Director
In my position at FRSA, I field calls from contractors, manufacturers, distributors, architects, engineers, building officials, consumers and occasionally from reporters. All of these calls are important to those calling and often for our industry as well. Among the most challenging but also the most rewarding are calls from contractors who are having issues with a building department. In many cases we can help the contractor understand that the department is interpreting the code as written and that they appropriately expect compliance. By helping a contractor understand what the code says and why that requirement may exist, hopefully we can make the situation a little more tolerable. In cases where the contractor has a defensible position, we may also be able to provide them with specific information that can then be provided to the official. In some cases the building department doesn’t have enough information to make a properly informed interpretation or may not be looking at all the applicable code sections. Sometimes, the direction given to the contractor by the department staff may not be that of the chief official or actual department policy. The Building/Code Official is considered the authority having jurisdiction and they are given wide latitude when interpreting the code in their jurisdiction. However the interpretation must be based on the code, statutes and ordinances. Issues can arise during the permitting process or during inspections. If an interpretation prevents you from receiving a permit, stops your work or hinders you from obtaining an inspection, then you are entitled to an explanation of why. A specific code section, statute or ordinance should be referenced by the department as part of its reasoning. So when a contractor is faced with this situation how should they address it?
■ First be professional. Be polite while explaining that you want to do the right thing but as an engaged professional you need help understanding the department’s position so you can avoid the same or similar problems in the future.
■ Request a copy of a code section or a reference to the code, statutes or ordinances being used to arrive at the interpretation. Sometimes by reviewing and providing this information the department may reconsider their position.
■ Review the information provided by the department to see if it addresses your issue. If you have trouble with it, call FRSA to see if we can help. If applicable, we will provide you with or guide you to information that you can take back to the department. The code is incredibly large and complex and no one knows it all. Your problem won’t be resolved by complaining about the decision that was made. However, it may be resolved by obtaining pertinent information, preparing yourself with that knowledge and presenting it to the department in a respectful manner.
■ If that proves unsuccessful and the issue is one of broader industry concern, with your permission we will reach out to the department involved to try and help resolve the issue.
■ Patience is critical. If you need an immediate resolution, you need to understand that you may not get one and need to accept the department’s decision on this particular project as we deal with the broader interpretation. Getting access to the chief official can be challenging. They often manage a large department with many employees and have many other responsibilities. Sometimes communication can be painfully slow, however there are many departments that respond in a very timely manner and want to help resolve matters. Many of these departments regularly reach out to FRSA to help them address a roofing-related code or enforcement concern.
■ There are formal ways to review these decisions such as non-binding and binding interpretations by the Building Officials Association of Florida and declaratory statements by the Florida Building Commission, but these can be burdensome and often have issues concerning the standing of the party asking the question. We will always do our best to resolve the issue through direct communication with the department before resorting to these procedures.
We don’t win them all. Sometimes there are positions that have been held by the department for some period of time and they may be reluctant to review it and possibly change their position. At other times, the position is pulled from thin air and yet some departments may refuse to listen to anything from anyone. A few can be surprisingly arrogant and respond with something like “if you want to work in our jurisdiction, you will do it our way.” This is unfortunate but, rest assured, most of the departments want to work with contractors and, like us, want to get the work done properly, the inspections completed and the permit finalized.
I mentioned at the beginning of this article how addressing these issues can be both challenging and rewarding. I’ve covered some of the challenges but I want to also say just how rewarding it is when we have the cooperation of a responsive building department. We are able to work together to find a resolution and I am able to call the contractor and let him know that his problem has been resolved.
Mike Silvers, CPRC, is owner of Silvers Systems Inc., and is consulting with FRSA as Director of Technical Services. Mike is an FRSA Past President, Life Member and Campanella Award recipient and brings over 50 years of industry knowledge and experience to FRSA’s team.
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