Florida Shutter Statute
as it pertains to Hurricane Shutter instalations.
Be informed, and fully understand the laws, of your trade.
Do you ever get tired of paying a licensed electrician, to wire your electric motors?
Remember, the following is specific to "shutters", which the Florida Building Code specifically removed from the control, of local Building (permit) Departments. While the local building dept, still issues the shutter permits, it is told to do so, without further evaluation! This is specificly written in the Florida Statutes regarding shutters.
Further, understand that your permitting department, does not want you to know that, because their only real power over you, is intimidation! But, only if you allow yourself, to be intimidated!
Why did the code comissioners remove this power from them? Because they are not trained, to understand wind loading conditions brought about by hurricane conditions. Understand, that all of the items they are removed for power on (roofs, doors, windows, skylights, shutters, and pannel walls), all are eventually, subjected to hurricane force winds!
Very few states even have statutes regarding hurricane shutters, and those that do have them, usually follow Florida's lead. But, that is not to say your state, might not be different!
You need to understand your states laws regarding shutter installations, if you are a professional shutter installer/contractor.
The following is pertaining to current Florida Statute..........
While you shouldn't necessarilly look for a fight, between yourself, and the building inspection (permitting department) official, you should at least fully understand the following law! The written Florida law, is on your side (as the contractor/installer), and not on the side, of the shutter inspector!
Although the following is a long read, it is worth while reading, to fully understand your legal position, under the current Florida Shutter Statute.
Electricians in the shutter/awning industry, usually charge $200.00 to $250.00 per motor, to wire them. Unless that is, if he is your employee, which means he could be doing something else, to make money for you!
By the standards of most states regulations, a licensed electrician is needed, to install a motor, in regards to acquireing a building permit......
Or, is that really true?
That standard, is built on an assumption, that you are hardwireing the shutter motor, to the house circuit.
It is not written anywhere, that the motor has to be hardwired!
What if the motor is "wall plug ready", and internally remote controlled?
A three prong wall plug, only inserts one possible way! You do however, need a properly grounded, three prong wall outlet.
You do not need an electrician, to plug in your toaster, a new TV, or a computer!
When was the last time you paid an electrician $250.00 each, to plug in your juice blender, or your alarm clock?
If a standard three prong wall plug, is manufactured to your shutter/awning motor, why should you need a properly licensed electrician, to plug in your shutter motor?
The simple truth is, you do not need a licensed electrician, by Florida statute, but the permit department will try to get you to draw an electrical permit, because they get a fee, from it.
The plug, however can only be inserted, one possible way, by anyone!
Truthfully, you couldn't install it wrong, if you wanted to, unless you cut the wires, and changed them!
Motors today, are available with remote controls, so wall switches are not needed, and with the motors' receiver built into the motor, only a standard wall plug, is required, to supply current to the motor.
The shutter statute, is exclusionary, from the vast majority of other products, and methods of installation, covered by the building code. And, thus anything included in the already state certified shutter print, is acceptable, as it is "shutter product". And, exempt from further examination, regarding the issuance of the permit, as per the wording of the shutter statute.
That does not mean, the installation is not examined, afterwards, to see that it meets the drawings requirements. But to deny it's use, there must be a clear violation of the shutter drawing, regarding the motor installation.
But it does mean, that as the exception to other building code rules, any requirement regarging hardwireing of the shutter motor, would need to be supported by a statute specificly naming the "shutter motor", as needing to meet further requirements, not covered by the previous shutter statute.
The statutes as written, do not support any such electrical requirement!
Currently, there are only 8 sections of the entire building code, even mentioning shutters, and none of those, regard the wireing of shutter motors. Yet the shutter statute, specificly requires the issuance of the permit, without interferance from any local building official.
The three prong wall plug, can only be inserted one possible way, thus it can not possibly be connected wrong!
OK! The length of the cord becomes and issue, but what if you can extend the cord to any length, from it's middle?
Is the electrician mandated, by hurricane shutter building code?
No, it is not!
Most states, if they have any hurricane codes at all, fashion those codes after the Florida Building Code!
And, most building inspectors, think they have the power, to ruin your day.
But, actually, in so much as hurricane shutters go, that is not so!
Actually, if you fully understand the code, you can ruin his day, as the code specificly removes him, from the "legal" picture, in the specific case of shutters (and a very surprising amount of other issues, including roofing, doors, windows, skylights, etc).
The shutter plan does incorporate the motor into the drawing, as an optional method of raising, or lowering the shutter. The code states that the shutters, must be approved, without further examination...
As a valid part of the drawing, it also must be approved, without further examination!
The curent code edition on record, is the 2008 Florida Statute, and by law, that code changes every three years! It has remained virtually the same, for the last dozzen years, changing only slightly, in verbiage.
The current Florida Building Code, can be found online at:
The parts that apply, are listed below...........
This is Florida Statute
Note: any argument, is not with me, it is instead, against Florida LAW!
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Title XXXIII, Regulation of Trade, Commerce, Investments, and Solicitations
Chapter 553 (Building Construction Standards).
553.842 Product evaluation and approval
Where subsection (3)
Products or methods or systems of construction that require approval under s. 553.77, that have standardized testing or comparative or rational analysis methods established by the code, and that are certified by an approved product evaluation entity, testing laboratory, or certification agency as complying with the standards specified by the code shall be approved for statewide use. Products required to be approved for statewide use shall be approved by one of the methods established in subsection (5) without further evaluation.
(advance to) Subsection (5)......
Statewide approval of products, methods, or systems of construction may be achieved by one of the following methods. One of these methods must be used by the commission to approve the following categories of products: panel walls, exterior doors, roofing, skylights, windows, shutters, and structural components as established by the commission by rule.
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(End of code link.)
Note we highlight the code, for better understanding, but we do not change any of the wording, of it, excluding the "(advance to)" connotation.
The shutter products are already approved by specific labratory testing facilities, appointed by the code commission. This excludes Mr. Building Official, from having any say, in the issuance of the permit!
But, that does not mean you need to get in his face about it, unless he starts to get ugly, about it! Many will, as they think they are the supreeme authority, but the statute says quite differently!
I carry the current statute with me, for a reason...
Because the "shutter statute" is exclusionary by nature, any attempt to bring it back under the Building Departments control (issuance of electrical permit), needs to be supported by a written statute, specifically detailing "shutter motors", as having to be wired a specific way, and/or by a licensed electrician.
Such a statute does not exist!
Further, if it did exist, it would be in direct conflict, with the previous statute, provided the current law, is still on the books!
It is a plain and simple fact, that the shutter motor is a part of the shutter drawing, which must be approved, without further examination.
Denial of the shutter permit, including the installation of the motor, is out of their control, by written law!
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But, if you violate the plan, you are dead, in the water.
So, don't violate the plan, in any mannor!
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In other words, if the motor is a part of the already "State approved" shutter plan, then the local permitting office must, by law, permit any, and all given situations, within the pre approved installation print. Now, and without any further evaluation, whatsoever!
The code specificly removes the local building department from the situation, for a reason. Because, they are not properly trained, to know exactly what, to look for!
But, regardless of the reasoning, the law does very specificly remove them from the process, and demands the permitting be granted!
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Do you have the nerve to stand up to the inspector, and to tell him he legally, has nothing to say, about it, as the "State Statute" took that authority away from him?
I do!
I carry the shutter statute with me, ready to defend it's verbiage, at any time!
I think every shutter installer, or serviceman, should not only fully know the law, but carry it with him!
And, he should further to be able to tell the inspector, that by sticking his nose in it, he is violating the written laws, of Florida, which enables me, to file a law suit against him, "personally" if he is in any way, wrong!
By law, if he finds fault with your installation, he has to submit it in writting, to the commision. You do however have the right to defend it, through legal action, against not only the building dept, but against the individual (provided you did not violate any part of the plan/drawings, span tables, etc.)
I have used it several times, to ask the inspector, or the homeowners association dude, if he wants to gamble his job, bank account, and his home, on his so called authority, when the law clearly states he has absolutely no say, in the matter?
Homeowners Association peope also always try to get involved, and one look at the written statute, and a mention of a possible law suit, always gets their attention! They always seem to think they are right, and you are wrong, until they read the law!
Then, you politely ask them to go away, and mind their own business!
I decided to take that same statute to the Collier County, FL. Building Dept., and challenge them, as to why they had been delaying the issuance of building permits, when the statute clearly says they can not do that?
After argueing with the head of the Building Dept," for several weeks", I took it to the County Attorney, where he clearly took my side, of the issue, and he issued orders to the local permitting office to issue the permits immediately, without any delay, and without any questions!
In fact the Collier County, FL Attorney, agreed with me on the written law, yet he has the nerve, to tell me he believes " I am missing the point"!
The written law is explicit, yet as an attorney, he thinks I miss the point?
As a licensed attorney, he should understand that what he believes, has nothing to do with the laws he is charged, with upholding.
Your beliefs, and the law, coinside every legal voting day. And, even then, if, and, only if that particular question, happens to be on the ballot!
Mr. Attorney, use your beliefs, to change the law, if you can. But until then, follow it, as it is written.
That goes especially for an attorney, as he has been trained in understanding the laws, as they are written!
It takes a majority vote, to change a law, but until it is changed, Mr. County Attorney, as well as everyone else, is charged with obeying it, as written!
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Because the already approved shutter drawings contain the possibility, of a motor, the building department, has no authority, to delay the permit, based on the requirement, of a licensed electrician! But don't "hand splice" motor wires, without the electrician!
Electrical plugs, that can only insert one way however, do not need an electrician, especially, if it carries the UL certification!
If it is in the drawing, it is in the requirement, to issue the permit, without argument! It's just that simple.
If for any reason, you would like a copy of the Collier County Attorney's e-mail, to the above effect, I would be glad to supply it!
So, you are saying OK! Most tubular motors don't come with a 12 ft cord, or any custom length, you may need.
And, if you cut the cord, then legally you do need a licensed electrician, to splice it back again!
The big green question is...
How, do I get around that?
Would you believe, I have the answer?
Suppose you can extend the motors' cord, from the middle of it, and re-assemble it, to almost any desireable length, 100% legally, without an electrician?
Guitar type electrical connectors, built into the factory produced electrical cords, used in the motors production, allows a cord to be separated in the middle, so it can be threaded inside a shutter box, or casting.
The cords can be separated, from the motor, and passed through a small hole drilled into the shutter casting, shutter housing, or virtually any other obsticle, and then be reassembled neatly, and professionally! And, a small rubber bushing is easilly installed to protect the already double insulated cords, from chaffing.
Any number of extensions, can be added, in between the wall plug end, and the motors end, to attain virtually any required cord length, you desire!
And, that is only part of what we are doing, to better serve you, at a very reasonable price!
Within the written law, that is.
Understand fully, that I don't advocate getting in the inspectors face, and giving him grief.......
But, don't take any crap from him, either!
Armed with the written law, you will prevail every time, provided you did not violate the shutter print, in any manor!
Tell the inspector you took the written test, for the license (or at least, your boss did)! Ask to see his shutter license? Because the law removes him from the issue, he has no legal say in it!
The Florida Statute, says differently, and grants you the right to sue "him" (personally), if he is wrong, in any way!
It takes two inspectors to construct a written complaint, against your installation, which you have the legal right to challange in court, at risk, of their personal financial expense, and or loss of personal effects (home, etc.), if the law sides with you.
He will undoubtedly say his inspercors license trumps your shutter license, but he will shy away from a personal lawsuit, or offer to settle out of court, once he is advised by an attorney. Only a perfect fool, would challenge a law, clearly written against him!
Yes! You can sue him for damages, to include financial reimbersement, even if he has to sell his home, to pay you!
It is the law!