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Florida’s building codes are among the most robust in the nation, yet a glaring gap in enforcement persists due to the way the state licenses inspectors and plans examiners. The Department of Business and Professional Regulation (DBPR) certifies professionals in various disciplines—Building, Plumbing, Mechanical, and Electrical inspections and plan review. However, there is no distinct certification for Accessibility or Energy Code enforcement, leaving crucial aspects of the Florida Building Code (FBC) without clear oversight. This deficiency results in widespread violations, particularly in accessibility compliance, that are easy to identify yet frequently overlooked.
Without dedicated certifications, enforcement of accessibility standards falls into a gray area. Who ensures that a commercial restroom’s turning radius meets code? Who checks door closer times? Who verifies that lavatory and toilet placements are correct? Who ensures that the accessible routes in parking lots comply with regulations? In practice, these responsibilities are often left to general building inspectors and plans examiners, but the lack of a mandated specialization leads to inconsistencies, oversight, and, ultimately, noncompliance. This leaves much of the responsibility to the discretion of Building Officials, who may or may not prioritize these issues effectively. If a Building Official is weak on accessibility and energy enforcement, it opens the door for even more noncompliance.
Unlike energy code violations, which are less obvious to the untrained eye, accessibility violations are easy to spot. Yet, despite their visibility, they persist in new construction and renovations due to a lack of thorough inspections and plan reviews by professionals specifically trained in accessibility.
In my experience working in Pennsylvania, all inspectors and plans examiners were required to have separate licenses for Accessibility and Energy. This system ensured a higher level of compliance and accountability, which is severely lacking in Florida. It was surprising and disappointing to see Florida’s lack of dedicated certifications upon entering the workforce here.
At the very least, state licensing requirements should include a more rigorous and comprehensive examination of accessibility and energy codes. The current Principles and Practices exam provides only a cursory overview, leaving many inspectors and plans examiners ill-equipped to enforce these critical areas of the code effectively.
The Problem: No Defined Responsibility for Accessibility and Energy
The state offers licensing for specific areas of the built environment, but it lacks a certification explicitly dedicated to accessibility or energy compliance. Instead, these critical elements are loosely addressed within the Principles and Practices exam that all inspectors and plans examiners must pass. This exam touches on accessibility and energy, but the coverage is minimal—hardly sufficient to ensure comprehensive knowledge and enforcement.Without dedicated certifications, enforcement of accessibility standards falls into a gray area. Who ensures that a commercial restroom’s turning radius meets code? Who checks door closer times? Who verifies that lavatory and toilet placements are correct? Who ensures that the accessible routes in parking lots comply with regulations? In practice, these responsibilities are often left to general building inspectors and plans examiners, but the lack of a mandated specialization leads to inconsistencies, oversight, and, ultimately, noncompliance. This leaves much of the responsibility to the discretion of Building Officials, who may or may not prioritize these issues effectively. If a Building Official is weak on accessibility and energy enforcement, it opens the door for even more noncompliance.
The Consequences of Poor Enforcement
The real-world impact of these licensing gaps is evident across Florida. In newly renovated buildings and fit-outs for business changes of use, it is not uncommon to find accessibility violations such as:- Restroom doors with round doorknobs instead of lever handles
- Missing tactile signage for visually impaired individuals
- Incorrect placement of lavatories, toilets, or grab bars
- Parking lot routes that do not meet ADA requirements
- Improper door-closing mechanisms that fail to meet accessibility standards
Unlike energy code violations, which are less obvious to the untrained eye, accessibility violations are easy to spot. Yet, despite their visibility, they persist in new construction and renovations due to a lack of thorough inspections and plan reviews by professionals specifically trained in accessibility.
What Florida Statutes Say (or Don’t Say)
Florida Statute 553.80 assigns enforcement responsibilities to local governments and enforcement districts to regulate construction and ensure compliance with the FBC. However, it does not clearly define who is responsible for specific aspects of the code, such as accessibility or energy efficiency. This legislative gap contributes to the ongoing issue of accountability, as no single entity or professional classification is explicitly tasked with ensuring compliance.A Call for Action: Florida Must Do Better
It’s time for Florida to step up its enforcement game. The state should introduce dedicated Accessibility and Energy Code certifications for inspectors and plans examiners. These certifications would ensure that professionals conducting plan reviews and inspections possess specialized knowledge, ultimately reducing violations and increasing compliance with the FBC. The International Code Council (ICC) already offers certifications for Accessibility and Energy, which could easily be incorporated into DBPR's licensing requirements for all inspectors.In my experience working in Pennsylvania, all inspectors and plans examiners were required to have separate licenses for Accessibility and Energy. This system ensured a higher level of compliance and accountability, which is severely lacking in Florida. It was surprising and disappointing to see Florida’s lack of dedicated certifications upon entering the workforce here.
At the very least, state licensing requirements should include a more rigorous and comprehensive examination of accessibility and energy codes. The current Principles and Practices exam provides only a cursory overview, leaving many inspectors and plans examiners ill-equipped to enforce these critical areas of the code effectively.