Quick query—what insurance coverage protection regulation agency did I depart in 1985?
A latest weblog, Litigating Tile Roof Claims, explains the view relating to roof litigation following Hurricane Ian from the insurance coverage firm view. The weblog begins off with the standard default argument: there is no such thing as a harm, and all of the roof claims are fraudulent. It then notes regulation that arguably permits salvaged and boneyard tiles for use:
Another argument is that discontinued tiles usually are not appropriate for spot repairs on present roofs. The Florida Building Code and Florida Statues indicated in any other case. Section 1511.5 of the 2020 Florida Building Code states:
Existing or salvaged slate, clay or concrete tile shall be permitted for reinstallation or reuse, to restore an present slate or tile roof, besides that salvaged slate or tile shall be of like type in each materials and profile. Damaged, cracked or damaged slate or tile shall not be reinstalled.
Furthermore, Florida Statute § 553.8425(7), which offers with native product approval, gives:
Approval shall be legitimate till such time because the product modifications and reduces in efficiency; the requirements of the code change, requiring elevated efficiency; or the approval is in any other case suspended or revoked. Changes to the code don’t void the approval of merchandise beforehand put in in present buildings if such merchandise met constructing code necessities on the time the product was put in.
Accordingly, discontinued tiles don’t want a present NOA or different present product approval if the proposed spot restore is in any other case code compliant.
It then famous the brand new regulation, which arguably discontinued the 25% rule:
As code protection is especially related for tile roof claims, we may even handle the impression of recent Florida Statute § 553.844(5), which reads as follows:
(5) Notwithstanding any provision within the Florida Building Code on the contrary, if an present roofing system or roof part was constructed, repaired, or changed in compliance with the necessities of the 2007 Florida Building Code, or any subsequent editions of the Florida Building Code, and 25 p.c or extra of such roofing system or roof part is being repaired, changed, or recovered, solely the repaired, changed, or recovered portion is required to be constructed in accordance with the Florida Building Code in impact, as relevant. The Florida Building Commission shall undertake this exception by rule and incorporate it within the Florida Building Code. Notwithstanding s. 553.73(4), a neighborhood authorities might not undertake by ordinance an administrative or technical modification to this exception.
This provision arguably eliminates the often-cited “25 percent rule” for roofs inbuilt compliance with the 2007 Florida Building Code.
The reply to the query is Butler, Burnette, Wood and Freemon, which I famous in
Butler Pappas–A Familiar Foe.
Thought For The Day
The sky’s the restrict when you have a roof over your head.
Sol Hurok