Trent Cotney, Partner, Adams & Reese, LLP and FRSA General Counsel - November 2026
Florida roofing contractors work closely with building officials every day. In most cases, disagreements over permitting, inspections and code requirements can be resolved professionally at the local level. Building officials have an important responsibility to protect public safety and enforce the Florida Building Code. At the same time, contractors occasionally encounter interpretations or local practices that appear inconsistent with the code, a Florida Building Commission interpretation or state law. When that happens, the contractor should respond carefully, factually and through the appropriate process.
The first step is to identify exactly what is being required. Contractors should avoid arguing about custom, prior practice or what another jurisdiction allows. Ask for the specific code section, adopted local amendment, product approval requirement, manufacturer instructions or other legal authority supporting the requirement. A disagreement becomes much easier to evaluate once the issue is reduced to a specific written interpretation rather than a field-level conversation.
The Florida Legislature has expressly recognized the need for uniform interpretation of the Florida Building Code. Section 553.775, Florida Statutes states that the Code should be interpreted in a manner that protects public safety while also promoting uniformity and providing fair and expeditious procedures for resolving disputes. Local building officials and enforcement agencies must interpret the code consistently with applicable declaratory statements and interpretations entered by the Florida Building Commission.
That does not mean every disputed decision is wrong. The Florida Building Code often requires technical judgment and project-specific conditions that can affect the analysis. Contractors should therefore assemble the complete record before escalating a disagreement. That record may include permit documents, photographs, approved plans, product approvals, manufacturer installation instructions, engineering documents, inspection comments, correspondence and the relevant code provisions. A concise written explanation of the contractor’s position is generally more effective than a prolonged verbal dispute at the permit counter or jobsite.
Contractors should also determine whether the jurisdiction has adopted a valid local amendment or administrative procedure that affects the issue. Florida law permits certain local amendments to the Florida Building Code but those amendments are subject to statutory requirements and limitations. A contractor should not assume that a requirement is invalid simply because it differs from what another city or county requires. Conversely, a jurisdiction should be able to identify the authority supporting a local requirement that goes beyond the statewide code.
If the issue cannot be resolved with the inspector or plans examiner, the contractor should elevate it through the building department’s chain of command. A discussion with the building official or building code administrator often resolves the dispute once the relevant documents and code provisions are reviewed. Keep the communication professional. The objective is not to prove that someone is “wrong.” The objective is to obtain a clear, supportable interpretation that can be applied consistently.
For recurring or significant disputes, it may also be appropriate to involve the city or county attorney. This is particularly useful when the issue involves the legality of a local policy, ordinance, waiver, administrative practice or requirement that may extend beyond a technical code interpretation. The city or county attorney can evaluate the legal authority for the jurisdiction’s position. Contractors or trade associations should present the issue narrowly, identify the statutory or code provisions involved and explain the practical impact without personalizing the dispute. Importantly, involvement of local government counsel does not replace the statutory process for formally reviewing a building official’s code interpretation.
Florida law provides a formal mechanism for challenging local interpretations. Under section 553.775, a substantially affected person may seek review of a local building official’s interpretation through the process established by the Florida Building Commission, generally after any applicable local board of appeals process. The statute establishes procedures for the local official’s written response and for review by a designated panel. It also provides additional appeal rights. For disputes that truly concern an interpretation of the Florida Building Code, contractors should understand that this statutory process is the designated remedy.
The practical lesson is to document first, identify the legal authority, escalate professionally and use the formal review process when necessary. Building officials and roofing contractors ultimately share the same objective: safe, code-compliant construction. A respectful process that focuses on the text of the Code and the governing law gives everyone the best chance of reaching a defensible and uniform result.
Disclaimer: This article is intended for general informational and educational purposes only and does not constitute legal advice. The application of the Florida Building Code and Florida law depends on the specific facts, jurisdiction, code edition, local amendments, and procedural posture involved. Contractors should consult qualified legal counsel regarding specific disputes or enforcement matters. Trent Cotney is a Partner and Construction Team Leader at Adams & Reese, LLP. You can reach him at 813-227-5501 or trent.cotney@arlaw.com.