NTBO / Homeowner Signature
Hello [Building Official],
Florida Statute 553.791(2)(a) expressly authorizes the fee owner’s contractor, when authorized in writing, to engage a private provider for plan review and or inspections. The statute does not require the homeowner to be the sole signatory on the NTBO.
We have written authorization from the fee owner and a valid contract with the private provider. Requiring additional signatures would constitute a more stringent procedure prohibited by FS 553.791(17)(a).
Please confirm acceptance of the NTBO as submitted.
Thank you.
Here are some email templates you can use to send to the city to fight back when they are not following the FS 553.791. The goal is to try to strike a conciliatory tone and find common ground, but you shouldn’t be afraid to push back. You have the law on your side. Like always, check with your legal counsel to see if these email templates apply to your particular situation.
Clock Start / Completeness email
Hello [Building Official / Reviewer],
We received notice regarding application completeness. We respectfully ask you to note that under FS 553.792(1)(c), the City has five business days from receipt of the application to identify missing items. If no notice is issued within that period, the application is deemed complete by operation of law.
Based on the submission date, the completeness period has elapsed, and the applicable statutory review timeline has begun.
Please let us know if you believe this analysis is incorrect.
Thank you for your time and cooperation.
Hello [Reviewer],
We note the request regarding missing or misfiled forms. Under FS 553.792(1)(c), completeness issues must be raised within five business days of application receipt.
As that period has passed, the application is deemed complete, and review should proceed under the applicable statutory timeline.
We appreciate your attention to this matter.
Hello [Building Official],
Florida Statute 553.791(9) requires notice of private inspections but does not specify an advance-notice timeframe. It also expressly prohibits restricting inspections based on time or day. We WILL provide the required notice, but cannot guarantee it will match your advance notice request. Inspection results will be reported within two business days as required.
Please advise if you believe additional notice requirements apply, and based on what part of the statute
Thank you.
Hello [Building Official],
Under FS 553.791(8), the City may visit the site to verify that required inspections are being performed by the private provider. The statute does not authorize reinspections to confirm passed inspections. We kindly request that you disclose which part of the statute you are treating the private provider inspections as not completed, pending an inspection by the City.
All inspection reports are electronically posted and available for verification as per statute.
Please let us know if you have any questions.
Hello [Building Official],
Florida Statute 553.791(4) and 553.791(5) provide a method to notify the City of private provider use:
1) A fee owner or the fee owner’s contractor using a private provider to provide building code inspection services shall notify the local building official in writing at the time of permit application, or by 2 p.m. local time, 2 business days before the first scheduled inspection by the local building official
2) On 553.791(5) “After construction has commenced and if either the local building official is unable to provide inspection services in a timely manner or the work subject to inspection is related to a single-trade inspection for a single-family or two-family dwelling, the fee owner or the fee owner’s contractor may elect to use a private provider to provide inspection services by notifying the local building official of the owner’s or contractor’s intention to do so by 2 p.m. local time, 2 business days before the next scheduled inspection using the notice provided for in paragraphs (4)(a)-(c)“
Neither of these methods requires City approval or acceptance of the NTBO. Just notification.
Additionally, FS 553.791(17)(a); prohibits local procedures more stringent than the statute.
Based on this authority, we will proceed with the private provider as noticed.
Thank you for your cooperation.
We recommend, that upon consulting with your legal counsel, you include this or a similar clause in your construction contract/agreement with the property owners to ensure you have the authorization to use Private Providers
Private Provider Authorization
Owner expressly authorizes Contractor to retain and enter into contracts with one or more private providers, as defined in Florida Statute 553.791, for the performance of plan review services and or inspection services related to the Project. Owner acknowledges and agrees that Contractor may execute all notices, affidavits, and documents required under Florida Statute 553.791 on Owner’s behalf in connection with the use of such private providers.
FS 553.791 is not a loophole. It is not optional. And it is not subject to local reinterpretation.
Understanding where cities are inconsistent, and why, allows contractors to respond confidently, professionally, and effectively.
Read the blog about: Professional emails addressing FS 553.791 deficiencies
