General contractors must adhere to numerous state, county, and local construction regulations. Building regulations ensure structures remain safe. In addition to safety, Florida’s building codes address energy efficiency and structural integrity. Also, environmental hazards such as floods, hurricanes and extreme humidity are included in Florida’s building codes. It’s important to note that ordinances may be updated every three years. Consequently, licensed general contractors need to understand all changes to existing laws.
The Florida Building Code
The Florida Building Code (FBC) sets the guidelines for all construction throughout Florida. Local municipalities may set guidelines, too. However, local guidelines may NOT be less stringent than the FBC. The extensive Florida Building Codes, developed by the Florida Building Commission cover numerous areas. For example, the FBC defines a “general contractor” as a contractor who can perform any work that requires a license. Basically, the general contractor oversees an entire project from start to finish. This includes pulling all necessary permits and starting work within 90 days. Additionally, contractors must submit project plans that are signed, sealed, and approved by licensed design professionals. Finally, the approval process includes fire inspection and approval.
Palm Beach County Construction Ordinances
Palm Beach County adheres to the rigorous standards set forth by the Florida Building Code while also enforcing additional local regulations tailored to the unique environmental and community needs of the area. These ordinances are designed not only to ensure structural integrity and safety but also to promote a healthy community environment by preventing unlawful contractor activities.
Key Components of Palm Beach County Ordinances
- Enhanced Licensing and Certification:
All contractors operating in Palm Beach County must be licensed and insured. The county’s stringent contractor certification and enforcement program is in place to protect homeowners from unlicensed work and substandard construction practices.- Verification Tip: Always confirm a contractor’s license status by contacting the Florida Department of Business and Professional Regulation at 850-487-1395 or the Palm Beach County office at 561-233-5525 (Contractor Regulations, c/o Ryan Perez).
- Permit and Inspection Requirements:
Just like statewide guidelines, local ordinances require that contractors secure all necessary permits before beginning work. Project plans must be approved by licensed professionals, and rigorous inspections—covering structural integrity, plumbing, electrical systems, fire safety, and more—ensure that every project meets both state and local standards. - Strict Enforcement and Penalties:
Palm Beach County is committed to proactive enforcement of its construction ordinances. Violations can result in steep fines, stop-work orders, and even demolition of unsafe structures. Such measures are in place to ensure that every building not only complies with the law but also stands the test of Florida’s challenging environmental conditions. - Protection Against Unlicensed Contractors:
To further safeguard the community, Palm Beach County emphasizes the importance of hiring reputable contractors. Warning signs include door-to-door solicitation, requests for large upfront payments, or reluctance to provide a written contract and proof of insurance. Homeowners are advised to obtain at least three written estimates and to verify contractor credentials via the proper state and county channels.
Common Building Code Violations
Contractors must know and follow all building codes. Failure to adhere to state, county, or local laws has consequences. Common building code violations may include:
- Plumbing code violations- Incorrect pipe installation, lack of drainage, improper backflow, and improper installation of plumbing can lead to flooding, mold, drywall damage, or dangerous water contamination.
- Electrical code violations- Improperly installed wiring, outlets, lighting fixtures, or circuits may lead to fires or electrocution.
- Structural integrity issues- Contractors must follow load bearing and framing requirements. Also, quality materials must be used. No cutting corners and using cheaper materials. Due to sandy soil in many parts of Florida, building codes MUST be followed to protect human life. No one wants to see another building collapse.
- Fire safety violations- Fire sprinklers, smoke detectors, and emergency exits must be included where appropriate.
- HVAC system violations- Improper installation of air conditioning, heating, or ventilation may cause poor indoor air quality.
- Zoning or land use violations- Set back ordinances must be followed. For example, if a building must be six feet from the street, don’t build it five feet from the street. That would be a violation and you may be tearing it down. Also, make sure to use appropriate land use designation. Most builders know this. For example, if an area is designated commercial, a builder may not construct family homes or condos in that area.
If you live in a structure or own a building with any of the above violations contact an experienced construction law attorney that understands complex construction law. Additionally, if you are a contractor that needs guidance regarding any aspects of Florida’s building codes contact an experienced legal expert.
Financial Penalties for Code Violations
Numerous penalties cost contractors a great deal of money and may be assigned by the court for building code violations. In fact, the court may assess fines of hundreds to thousands of dollars for each infraction. While the case is pending, the court may also issue a “stop-work” order. Naturally, this costs the builder great sums of money. Worse yet, if a building is deemed unsafe, it may have to be torn down. Finally, civil or criminal charges may be brought and potential legal settlements are costly.
Legal Consequences for Non-Compliance of Building Codes
Any time a contractor is accused of non-compliance regarding Florida’s Building Codes an attorney’s guidance becomes vital. Contacting an attorney may help you keep your license. Of course, any serious charges require an attorney. For example, if you knowingly excluded a fire exit in a building, that’s a serious charge. So, for any civil or criminal charges hire an attorney immediately.
The following example illustrates what may happen when a general contractor fails to follow Florida’s Building Code. Advantage Home Builders, Inc. violated the FBC during the construction of Tonya and Kevin Davis’ home. The contractor, and subcontractors failed to properly install the stucco system. This led to a wide variety of issues with the exterior and interior of the home. In June, 2024, a Florida jury awarded $140,232.53 in damages to the homeowners. Consequently, the contractors were held responsible for the damage.
How to Ensure Compliance with Florida’s Building Code
Proactive contractors ensure compliance with Florida’s Building Code. The first step is to keep updated on all laws and regulations. Step two- obtain all necessary permits before working on any project. Step three- schedule and pass all inspections. Step four- hire trustworthy employees and train them well. Step five- keep records of all permits and inspections. Step six- hire an attorney when necessary. If you are involved in a big project, contacting an experienced attorney at the start is highly recommended.