August 22, 2011
Permitting is a local jurisdictional responsibility and issuance may vary from jurisdiction to jurisdiction however if a permit is required and a contractor is working without one then said contractor is in violation of the Florida Building Code and Florida’s licensing laws. Please understand that this response is applicable to Pinellas County.
Specifically, failure to obtain a building permit prior to the start of construction as required is a violation of Section 104, Florida Building Code 2007 - Building; Section 489.127 (1)(h), Florida Statutes; Section 489.129 (1)(o), Florida Statutes; Section 24(2)(n), Chapter 75-489, Laws of Florida, as amended; and Pinellas County Code, Section 22-14.
Failure to obtain a permit in all probability means there is a violation for not obtaining inspections as required. Failure to obtain inspection is a violation of Section 105, Florida Building Code 2007 - Building; Section 489.129 (1)(o), Florida Statutes and Section 24(2)(n), Chapter 75-489, Laws of Florida, as amended.
Specific to the Pinellas County Construction Licensing Board, my Investigators would stop the job, prepare an Administrative Complaint against said contractor, and require the contractor to comply with the local jurisdiction’s policies regarding after-the-fact permits and inspections. In all probability, an administrative fine would apply.
Should the contractor choose to relinquish his or her license rather than comply, then whether the local jurisdiction would charge the homeowner or not would at the discretion of that particular jurisdiction.
Should you have additional questions regarding contractor licensing, please don’t hesitate to contact me.
Rodney S. Fischer
Pinellas County Construction Licensing Board
12600 Belcher Road, Suite 102
Largo, Florida 33773
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