This leads to many roofs being completely replaced with years of serviceable life remaining, he wrote. A Primer on Florida's "25 Percent Rule" for Roof Repair/Replacement Statistic cookies help us understand how visitors interact with websites by collecting and reporting information anonymously. Florida Building Code, 6th Edition SHINGLE ROOFING - Bay County, FL While SB 4 primarily deals with condominium inspections and safety, the bill also changes part of the state law that enacts and governs Floridas Building Code and changes the amount of a roof that must be brought up to current codes in the event of damage and repair. Obviously, the Rule is of extreme importance for Florida Irma property claims. In some cases, damage may not be visible from the ground, and a professional inspection may be required to determine whether the 25% threshold has been met. Further, bias may aggravate disagreements between parties regarding the extent of storm damage, total area of repair required, and cost to repair. A majority of roofing laws are described in the Florida Building Code or in the Florida Statutes. Here is the specific rule: "Not more than 25% of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire existing roofing system or . This led to the misinterpretation that related work was no longer in the Building Code and as such was no longer excluded from the repair calculation. Therefore, anything permitted after March 1, 2009, was likely built, repaired, or replaced in accordance with the 2007 FBC as indicated by SB4. In Florida, roofs are subjected to a wide range of weather conditions, including high winds, heavy rain, and intense sunlight. When homeowners and some roofers believe that a roof will be fully replaced every few years, often at no cost to the consumer, theres little incentive to invest in a modern system that can last 30 to 40 years, Silvers said. The bill was sponsored by Jim Boyd due to the rising insurance prices. Conversely, they may attempt to avoid having to cover the costs of replacing an entire roof by claiming the damaged area is less than 25% when it actually is over 25%. Refer to the provision below from the Florida Building Code, Existing Building (FEBC): On May 26, 2022, Governor Ron DeSantis signed Senate Bill 4 (SB4). In addition, laws can even vary depending where in Florida you live. Roof Rule Changes - Citizens Property Insurance Corporation This bill was passed by the senate with a vote of 28 -11. In other words, the non-damaged items adjacent to the items requiring repair remain non-damaged items whether they are disturbed or not. SB 4 adds the following language into this statute: (5) Notwithstanding any provision in the Florida Building Code to the contrary, if an existing roofing system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, and 25 percent or more of such roofing system or roof section is being repaired, replaced, or recovered, only the repaired, replaced, or recovered portion is required to be constructed in accordance with the Florida Building Code in effect, as applicable. Aaron Duba graduated from the University of South Florida with a Bachelor of Science degree in Civil and Environmental Engineering. That could really have a big impact for insurance companies, Silvers said. This subsection states: The significance of this subsection is that it serves to establish an effective date after which all properly permitted existing roof coverings are deemed to be compliant with the current code. Check below for tips on how to get replacement roof By the summer of 2022, At some . punctures the roof deck or roof loss requiring the repair of less than 50 percent of the roof. Florida Building Code Existing Building 706.1.1: This means that if more than 25% of the roofing is damaged and the roof was not properly permitted (after March 1, 2009) then the entire roofing section must be reroofed. In some cases, the building code divides a roof into sections. (NOTE: upgrades may be required to the area being repaired/replaced). This can include missing shingles, cracked tiles, leaks, or other signs of damage that indicate that the roof is no longer able to perform its intended function. All About the Matching Rule for Roofs in Florida - Res Reps How Do Insurance Companies Use This Rule? Florida's 25% Rule - You May Be Owed A New Roof - Tighe, P.A. This building has two roof sections shown as 1) the shingles/tile and 2) built-up membrane. On a slide created a year ago inour Roofing Related Changes to the FBC seminar, Inoted: These major renumbering type changes usuallyhave unforeseen consequences! The section thatwas left out was from Chapter 5, Related Work in theFBC Existing Building 6th Edition (2017) Section 502.3which stated: Work on non-damaged components that isnecessary for the required repair of damagedcomponents shall be considered part of therepair and shall not be subject to the provisionsof Chapter 7, 8, 9, 10 or 11. Please try again. Florida bills limit roof refusal by insurers, add new fund | WLRN AHLA Takeaway: Healthcare Executives, Is Your House In Order? The release of the 2020 FBC removed the related work provision, which was often interpreted to limit the extent of the repair area as it related to the 25% provision. Mike can be reached at mrimoldi@jsheld.com or +1 813 676 1050. According to the Florida Building Code, "not more than 25 percent of the total roof area or roof section of any existing building or struc ture shall be repaired, replaced, or recovered in any 12 month period unless the entire roofing system or roof section conforms to the requirements of this . Another tactic they will often try to employ is to limit the amounts they pay based on the percentage of damage, rather than replacing the entire roof. The theme is: Were seeing a nibbling around the edges of the problem, Rollins said. Roof sections 1 through 10 are separated by elevation and possibly material type. Florida's 25 Percent Rule: Protection for Homeowners with Storm-Damaged Removing the 25% requirement would give so much more flexibility, said Michael Carlson, president of the Personal Insurance Federation of Florida. Refer to the adjacent image for the FBC effective dates courtesy of the Florida Building Commission website. Remember, if the roof is already built to code, the Rule is moot. How Does the Ordinance Section of My Insurance Policy Affect the JACKSONVILLE, Fla. - If the roof on your home in Florida is more than 10 years old, the cost to replace it could change dramatically if proposed legislation becomes law. While Senate Bill 4 primarily deals with condominium building inspections and safety, there is a portion of the bill that modifies the 25 percent rule. In the reverse, if the roof was properly permitted (after March 1, 2009) and the permit was subsequently closed out then this rule does not apply. Are skylights part of the calculation of the roof area for purposes of calculating the percentage of roof affected? The significance of this subsection is that it serves to establish an effective date after which all properly permitted existing roof coverings are deemed to be compliant with the current code. Important Updates to the Florida Building Code's 25% Rule- August 2022 Work on nondamaged components that is necessary for the required repair of damaged components shall be considered part of the repair and shall not be subject to the provisions of Chapter 7, 8, 9, 10 or 11. Roof repairs to existing roofs and roof coverings shall comply with the provisions of this code. In a 2020 decision a Florida appeals court wrote: The statute begins by stating, unless otherwise provided in the policy. The court cannot ignore this language, which means the policy is controlling. Section 502.3 in the 2017 (Sixth Edition) Florida Building Code Existing Building - Related work: On December 31, 2020, the 2020 (7th Edition) Florida Building Code went into effect. Insurers have frequently blamed unscrupulous contractors for jacking up claims, and roofing companies have sued insurance carriers, blaming them for systematically denying roof work. By clicking Accept or using this site you consent to our use of cookies. Over time, wind can also be a factor in roof damage. Craft's default cookies do not collect IP addresses. Florida Building Code Existing Building Section 202: This means that both sides of a sloped roof are one section but changes in roofing material or changes in elevation are different roof sections. J.S. . What exactly is a roof section? Its a great idea. Do we only include the components that require repair, or do we include surrounding components (for proper tie-off)? If an existing roof system or roof section was built, repaired, or replaced in compliance with the requirements of the 2007 Florida Building Code. We can see this as a point of contention with insured building owners. Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire roofing system or roof section conforms to requirements of this code. We have been serving the Central Florida area for new roof installation since 2012. Without more, the Rule would appear to be triggered if 30 percent need to be replaced or recovered for whatever reason, including the repair of, say, 23 percent of the roof. If this occurs and negotiation is not successful, litigation will likely follow. Was the current roof covering properly permitted after March 1, 2009? If the roof was permitted prior to March 1, 2009, only the components that require repair/replacement (generally, the damaged components) are to be included in the 25% calculation. Chapter 2 of the Florida Building Code for Existing Buildings specifies that a roofing section can be defined as: Florida Building Code Section 2: DefinitionROOF SECTION: A separating or division of a roof area by existing expansion joints, parapet walls, flashing (excluding valley), difference of elevation (excluding hips and ridges), roof type or legal description; not including the roof area required for a proper tie-off with an existing system. This publication is not a substitute for competent legal advice. To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [Hot Topic] Environmental, Social & Governance, [Ongoing] Read Latest SCOTUS Analysis, All Aspects. Partner | Extra-Contractual, Third-Party Coverage, First-Party Coverage, Aviation Discussions often arise when quantifying the repair, in regard to the FEBC. Since the 25 percent rule was in Chapter 7 andbecause of Section 502.3, the 25 percent rule, previouslydid not apply to non-damaged components,the concern was that without the language in Section502.3, it would be left up to whoever was doing thework to decide how much work to do by includingnon-damaged components, they could push thework beyond 25 percent of the roof area which wouldprompt complete roof replacement. Matching Law Also Plays Role, But Has Been Challenged, Floridas building code is only part of the story on why so many roofs with seemingly minor damage get replaced. Current code language requires replacement, not just reroofing over existing shingles. One can assume anything permitted after the original effective date will be compliant with that code. Click here to learn more about how we can help. According to the bill, policyholders must be allowed to opt-out of this if they so want. Florida Building Code - Definitions - Roof Section. Unlike the townhouse, the roof atop a condominium is not separated by property lines and is only one section. "Since the Florida Legislature just did away with policyholders being able to recoup the cost of attorneys' fees, and the average roof replacement is $25,000 to $30,000, wrongful denials of . *Engineering services provided by Haag Engineering Co., Haag Engineering of New York, P.C., and Haag Research/Testing Co., as applicable. The state also has whats called the matching law., Section 626.9744, enacted in 2004, reads: Unless otherwise provided by the policy, when a homeowners insurance policy provides for the adjustment and settlement of first-party losses based on repair or replacement cost, the following requirements apply: When a loss requires replacement of items and the replaced items do not match in quality, color, or size, the insurer shall make reasonable repairs or replacement of items in adjoining areas.. Most states in the US do not have roofing laws as substantial as Florida. 6 th Edition (2017) Florida Building Code, Existing Building . Often, they issue specific guidance to their adjusters to look for the least expensive ways to pay claims. does not allow now that the repair area to be part of the 25% Rule, as outlined by Section. The definition of a roof section is found in the Florida Building Code Existing Building Editions Chapter 2 Section 202 DEFINITIONS.