By T. Spencer Crowley III, Steven J. Wernick, and Maeve Desmond

Amendments to the Florida Building Code (FBC) are likely to take effect on June 30, 2015. The amendments will affect life safety provisions and will likely decrease building efficiency by reducing saleable square footage and increasing project cost.  If you have a project in development that has not yet obtained a building permit, we recommend that you consult with your architect as soon as possible to evaluate the impacts of the FBC amendments on your project.

The City of Miami Building Department is allowing projects to move forward under the current FBC through the phased permit process, provided that a plans process number for either a Class I or Class II Phased permit is pulled by June 29, 2015 and all applicable up-front permit fees paid.

Attached is a detailed document regarding the phased permit process prepared by the City of Miami Building Department. A brief overview of the process follows.

Class II (Foundation) Phased Permit
For projects that are still in design development, a way to vest under the current FBC is to file an application for a Class II Phased Permit. Work below grade may commence under this permit, though no vertical construction is permitted. Note the following process and timeframes for Class II Phased Permits:

• Applications for a Master Permit and Class II Phased Permit must be filed simultaneously in order to generate a plans process number.
  • Application Requirements: (a) Application forms, (b) 4 sets of plans including architectural plans and foundation construction drawings, (c) upfront permit fee for foundation work only, and (d) $1,500 Class II Permit fee.
• The plans process number for the Class II Phased Permit is valid for 180 days, during which time the Class II Permit must be pulled or the plans process number expires.
• A Class II Phased Permit is valid for 180 days. The Building Official may approve an extension of 180 days, provided the applicant is working diligently to obtain a Master Permit or a Class I Phased Permit

Class I Phased Permit
Pulling a plans process number for a Class I Phased Permit will also vest a project under the current FBC. Note the following process and timeframes for Class I Phased Permits:

• Applications for a Master Permit and Class I Phased Permit must be filed simultaneously in order to generate a plans process number.
  • Application Requirements: (a) Application forms, (b) 4 sets of plans including architectural plans and complete construction drawings, (c ) upfront permit fee for all work subject to the Class I Phased Permit, and (d) $1,500 Class I Permit fee.
• The plans process number for the Class I Phased Permit is valid for 180 days, during which time the Class I Permit must be pulled or the plans process number expires.
• A Class I Phased Permit is valid for 180 days. The Building Official may approve an extension of 180 days, provided the applicant is working diligently to obtain a Master Permit.

This Akerman Practice Update is intended to inform firm clients and friends about legal developments, including recent decisions of various courts and administrative bodies. Nothing in this Practice Update should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this Practice Update without seeking the advice of legal counsel. Prior results do not guarantee a similar outcome.