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unpermitted screen pool enclosure

S

scottcantbuild

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Joined
Dec 12, 2024
Messages
5
Location
Oviedo, FL
So I bought a home that has a 20 year old pool screen enclosure in Seminole County FL. A permit was pulled but never finished on this structure and now the county is coming after me with code violations. The violation says the setback needs to be 10 ft but I called zoning and it only requires a 5ft setback so everything should be ok. The issue is I have to apply for a permit but to do that I need to get plans drafted up. I have the original plans but the county won't accept them. I'm wondering if I pay for plans if this 20 year old structure will be up to code or will require alot of fixes. I also know nothing about this stuff and am wondering if anyone has any advice on how to deal with this situation. Will I need anything else other than a recent land survey and new building plans? One guy I got in touch with said I would need a topographical survey but another never mentioned it. Any advice would be greatly appreciated. Thanks!
 
What triggered them to come after a 20 year old pool screen now?

Who wouldn't take the original drawings? Did they ask for more details? A design professional's stamp? Are you able to ask them questions?

Can you post pictures of the structure?
 
The guy I talked to at the county asked his superior if I can use the original plans and he said no. So I think it came up because the house was under contract before us and the potential buyer was digging into it which triggered them to come after it. I was aware of it - thought it would potentially be easier to solve plus the company that did it said they would demo it for free. I'd like to keep it - it's in pretty good shape. I can attach some photos. I believe I need a construction permit but not totally sure. I contacted some guy on Thumbtack who said he would draft plans and get it stamped by an architect for $800.
 

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It is not standard prescriptive code, but an engineer might be able to show that the connections to the house comply. I would likely have an engineer look at the whole structure, it looks like it would rack under a stout wind. Include notes about the footings the posts are sitting on, if any. Anchorage to the ground of the posts is likely to be important.

We would not make you get a survey here if you can find your property lines, but they might there. You would have to ask. As the inspection office, I would ask for a site plan showing the lot lines and the distance to the walls, a sketch of the building, top view and side view, and a stamped structural engineer evaluation of uplift and racking forces. Not too concerned about gravity loads in this example, but they should probably be addressed in the evaluation too.
 
scottcantbuild said:
I contacted some guy on Thumbtack who said he would draft plans and get it stamped by an architect for $800.
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Press him to provide information on how much they're going to charge for revisions and resubmittals. It's pretty common for someone to knowingly draft plans that will come back with corrections. When the building department issues corrections, you'll go back to the drafter, and they'll say "no problem."

Next thing you know you'll receive another invoice for $800 before they'll give you the revisions. It's not uncommon for this to go on for 3 or more rounds before you have a suitable set of plans. They do this because they're more likely to get the work if they say $800, and then they can blame us for being the @holes.

I would ask him "how much would you charge me to guarantee a permit?" They might say, $2000 and I think you should take that deal over the $800. If they won't give you a flat rate, then it tells me they don't know what they're doing. If it's a fixed flat rate, then they're motivated to get it right the first (or at least second) time. It's in their interest because they will make less if they can't get it right.
 
bill1952 said:
What happens if registered design professional says no good as built?
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If he couldn't prescribe a fix, it would be a teardown. The prescribed fix should be detailed in the original planset for approval of the AHJ.
 
scottcantbuild said:
Do you think it's worth getting a construction lawyer and appealing?
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I don't think you would legally have a leg to stand on. If the original build wasn't permitted, it was and remains illegal. There is no statute of limitations on it because every day the violation is allowed to exist is a new violation. A structural engineer and any fixes they prescribe would be your best bet.
 
So the $800 gets sealed plans but there may be actual construction required, is my point.

Scottcantbuild just posted my thoughts. 20 years in place. The building department and previous owner are the bad guys in this story. I have to wonder about relationship between them.
 
Yea, that's what Im worried about - paying for the plans and permit then I have to spend another 10k on construction to bring it up to code.

I was wondering about the lawyer because it seems like the original permit was denied when it shouldn't have been. The setbacks are only 5ft but the original permit was denied "because setbacks should be 10ft" - I heard I can apply for a variance - apparently the original pool was built with a variance in the permit. So I wonder if something slipped through with this enclosure.
 
"I contacted some guy on Thumbtack who said he would draft plans and get it stamped by an architect for $800."

It is illegal for an architect to put his or her stamp on a set of drawings prepared by somebody else. I wouldn't trust such a sleazy "architect".
 
scottcantbuild said:
Yea, that's what Im worried about - paying for the plans and permit then I have to spend another 10k on construction to bring it up to code.

I was wondering about the lawyer because it seems like the original permit was denied when it shouldn't have been. The setbacks are only 5ft but the original permit was denied "because setbacks should be 10ft" - I heard I can apply for a variance - apparently the original pool was built with a variance in the permit. So I wonder if something slipped through with this enclosure.
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If you can get a guarantee that they will meet code or your money back, 800 is cheap....Ask if the building department would allow you to hire an engineer to declare it structurally sound?
 
scottcantbuild said:
apparently the original pool was built with a variance in the permi
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The setback for a swimming pool might be different than the setback for a structure.

scottcantbuild said:
A permit was pulled but never finished
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Were any inspections done? Does the as built condition comply with the previously approved plans?

scottcantbuild said:
I have the original plans but the county won't accept them.
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That might be because so many code cycles have elapsed.

The structure appears to be attached to the house fascia. That can happen with additional measures to secure the fascia to the building. That requires an engineered plan. I’ve seen a few whacky methods.

You might have corrections associated with the electrical code.

A twenty year history of the structure existing could work in your favor or it might be reaching the end of the expected lifespan.
 
scottcantbuild said:
Is that going to be a problem?
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I don't think that would be an issue. The only thing I see is that the enclosure seems to be attached to the fascia or another gutter. It should be attached to a gutter that is actually structural (the builder will install a different gutter on that section). So that may be your only issue.

I have one. Looks very similar and mine is only 5 years old. Permitted. Mine was built by American Pools. (I'm in Indian River county). You may want to try to find the original installer and have them give you an updated set of drawings -and perhaps replace the connection to the house. That will be less expensive than getting drawings from someone new.
Here is a pic of what mine looks like. (UPDATE: I just looked at your pics and it looks like mine below actually)
 

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