Previous Issue - September, 2004
 
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Insurance Tips
Provided to Ray Rose (President PGICA) by Rick Kilmer, Engineer
September, 2004
 

Important Facts regarding Repairs, Replacement and Insurance Company Representation

Insurance Company Adjusters are not generally Licensed Professional Engineers, licensed to practice in the State of Florida, nor are they general licensed architects. They do not have the authority to provide engineering opinions or recommend structural repairs. They are in violation of Florida law by even making statements such as “That wall is structurally














 
 

 

     

     

Insurance Tips

 
 

Insurance Tips
    Provided to Ray Rose by Rick Kilmer, Engineer
 


 

 
 


sound”, or “The trusses are fine just put a new roof on.” They can assess damage only to the extent that it does not, or may not; impact the structural adequacy of a building. If there is any question of structural damage, hire a licensed professional engineer, or insist upon a written analysis and report from an engineer hired by the Insurance Company. (Note, if the insurance company hires an engineer at your request you should not have to pay for those services.)

Insist that all work has a proper permit approved by the municipality responsible for issuing permits, and that the contractor is properly licensed. If repairs, such as a new roof, are installed without proper permits by a licensed contractor, and it does not meet the current Florida Building Code, it mat gave to be removed and re-installed. If this is the case, your insurance company will not pay twice.

According to 3401.8.3.1 of the Florida Building Code “When repairs and alterations amounting to more than 50 percent of the value of the existing building are made during any 12 month period, the building or structure shall be made to conform to the requirements for a new building or structure or be entirely demolished.”  Exceptions: Provided there is no change in occupancy, foundation, slabs, tie beams, tie columns, reinforced masonry and masonry walls erected in compliance with the code under which the building was constructed. What this means is that…if you have cost of repairs more than 50 percent of the value of the existing building (that is 50% of the value of the STRUCTURE as set by the Tax Department, not 50% of your insured value) and there is any changes (repairs) made to a masonry wall, as an example, then the entire building and all systems must meet the current Florida Building Code. Insurance Companies may attempt to avoid triggering this 50% rule since it may require greater costs.

According to 3401.7.2.2 of the FBC “Structural repairs and alterations, the cost of which does not exceed 25 percent of the value of the existing building or structure, shall comply with the requirements for a new building or structure except that minor structural alterations, with the approval of the building official, may be made of the same material and degree of fire-resistivity of which the building or structure is constructed.”

According to 3401.7.2.4 “The replacement of garage door, exterior doors, skylights, operative and inoperative windows shall be designed and constructed to comply with Chapter 16 of this code. Opening Protective Exceptions: For one-and two-family dwellings constructed under codes other than the Florida Building Code and located in wind-borne debris regions, the replacement of garage doors and exterior doors with glazing, sliding glass doors, glass patio doors, skylights and operable and inoperable windows within any 12 month period shall not be required to have opening protection, but shall be designed for wind pressures for enclosed buildings provided the aggregate area of glazing in the replaced components does not exceed 25 percent of the aggregate area of glazed openings in the dwelling or dwelling unit.

The bottom line is:

Ask the Building Official to review all work before and after repairs are made!

Insurance Adjusters are NOT engineers.

The Florida Building Code may require much more work and additional costs than the Insurance Companies desire to pay for, but for which they are obligated to cover.

Your insurance policy may have additional coverage to provide for upgrades to the current code. Ask your agent and/or adjuster.

Insurance Companies will only pay ONCE, make sure all work complies with the Building Code!

Do not accept the word of an adjuster or contractor when it comes to engineering issues or Building Code issues.

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