Certain Contractor Regulations Suspended Following Hurricane Irma

Due to the damage caused by Hurricane Irma, and as directed by Governor Rick Scott’s Executive Order 17-245, the Florida Department of Business and Professional Regulation (“DBPR”) issued an Emergency Order, Order 2017-07396, on September 15, 2017, relaxing certain regulations in the thirty-seven Florida counties that are listed in FEMA’s Disaster Declaration DR-4337.  DBPR’s secretary, John Zachem, found “that timely execution of the mitigation, response, and recovery aspects of the State’s emergency management plan, as it related to Hurricane Irma, is negatively impacted by the application of certain regulatory statutes related to the Department of Business and Professional Regulation.”  He thereby temporarily suspended certain regulations that he viewed as burdensome in light of the need to quickly repair and rebuild in Florida.  The Emergency Order corresponds with the effective date of Governor Scott’s Executive Order 17-245 and any extensions thereof.

Pursuant to this Emergency Order, the requirements of section 489.113(3), Florida Statutes, were suspended.  This means that roofing work does not need to be subcontracted out to a roofer; a certified or registered, general, building, or residential contractor may perform repairs or installations of any flat roofs and roofs made of wood shakes, asphalt or fiberglass shingles, tiles, or metal. This should help expedite the completion of repairs throughout the state.

Likewise, the provisions of section 489.117, Florida Statutes, were also suspended.  Therefore, local jurisdictions are presently authorized to issue local specialty licenses for the repair and installations of the roof types referenced above, conditioned upon the requirement that all applicants for specialty roof licenses provide an affidavit of competency from their original jurisdiction. This enables individuals and companies that are already licensed elsewhere in Florida to work on roofs in impacted areas.

The final item addressed by DBPR’s Emergency Order relates to departmental fees that are typically charged.  DBPR has waived all fees associated with relocating or reopening businesses that were closed from damage by Hurricane Irma.

The Florida Department of Business and Professional Regulation has taken positive steps to enable contractors to get to work repairing our state.  Despite the relaxed regulations under this Emergency Order, contractors must remain cognizant of the fact that building standards and safety requirements remain unchanged.

If you have any questions about the regulations applicable to your business, either following Hurricane Irma or in general, please contact a member of CSK’s Construction Group.