At Karoly, pulling a permit to replace windows is a fundamental part of the process. It’s such a common task for us, but many of our customers wonder if it’s really necessary to get a permit to replace windows before you start work.
Let’s answer that question, then go into the major reasons why pulling permits is so important for installing impact windows:
Do You Really NEED to Pull a Permit to Replace Windows?
Yes. If you live in the state of Florida, you need a permit to perform window replacement on your home.
The specific wording for the permit requirement, and the permit form itself, may vary depending on your municipality, but in the State of Florida, you need to pull a permit if you’re doing any major construction, refurbishment, or remodeling to your home… including replacing your windows.
What If I’m Doing the Replacement Myself?
We generally recommend against installing your own impact windows, especially if you have no prior experience with construction or window installation in Florida. However, if you are installing your own new windows, you would still need to apply for a permit and act as your own contractor as per Florida Statute 489.103(7).
The rule has a long list of clauses and exemptions for permitting requirements that some homeowners may think exclude them from needing to apply for a permit if they do the work themselves.
However, section 4(c) of the rule stipulates that:
“To qualify for exemption under this subsection, an owner must personally appear and sign the building permit application and must satisfy local permitting agency requirements, if any, proving that the owner has a complete understanding of the owner’s obligations under the law as specified in the disclosure statement in this section”
Section one of the disclosure portion of the permit states that:
“I understand that state law requires construction to be done by a licensed contractor and have applied for an owner-builder permit under an exemption from the law. The exemption specifies that I, as the owner of the property listed, may act as my own contractor with certain restrictions even though I do not have a license.”
And section two states:
“I understand that building permits are not required to be signed by a property owner unless he or she is responsible for the construction and is not hiring a licensed contractor to assume responsibility.”
To translate the legalese: You normally don’t have to sign the building permit yourself if you hire a contractor, but if you don’t hire a contractor, then you HAVE to file and sign the permit.
If you don’t pull a permit, you could be subject to fines and other penalties per Florida law.
Why Is the State So Insistent on Making You Get Permits for Window Replacement?
The State of Florida has some of the most stringent building codes in the country. It’s why so many wannabe, fly-by-nite contractors don’t even try to get licensed with the Florida Department of Business and Professional Regulation (DBPR): they simply don’t have the chops to do it.
The Florida Building Code (FBC) is a rigorous set of requirements for home construction and modification that are intended to maximize homeowner safety and prevent tragedies. The rules of the FBC may be inspired by international building codes, but each section added to the document is written in blood.
If a home doesn’t meet FBC requirements, it may have severe deficiencies that expose it to heightened risk of catastrophic failure in the face of annually recurring threats like hurricanes. Every year, hurricane season comes, bringing with it the risk of another series of high-category hurricanes that rip roofs off homes and destroy them.
It’s not a matter of if a hurricane will hit Florida, but when and how strong it will be.
Window installation work needs to be properly permitted so that state inspectors can verify that the new windows will meet FBC guidelines and not increase your home’s risk of catastrophic failure in the face of a major hurricane should one hit your area.
This is important because window failures are a common contributing factor to total structural failure during a hurricane.
As noted by the Sumter County Board of Commissioners: “Broken windows can let in wind and rain, and they can also increase the pressure under the roof.” That’s putting it mildly.
When hurricane-force winds get into a structure, they immediately start acting on all the interior walls and the underside of the roof with the same force they would normally apply to the exterior of the home. In the case of a Category 3 hurricane, that’s 111-129 mph winds.
Here’s where we can have a little fun with a wind load calculator tool:
Let’s assume that you have a 12’ x 12’ room where the window broke and there’s the average 480 sq. ft. of combined wall and ceiling area. The minimum 111 mph wind speed, at the typical air density of sea level air, would exert a total of 15,124 pounds of force on that room.
That’s equivalent to the weight of more than three cars with room to spare. All pressing against the inside walls and the underside of your ceiling. Considering that, it’s easy to see how hurricane-force winds getting into the home can rapidly lead to total structural failure of the home.
At 157 mph (the speed of a Category 5 hurricane), the wind load almost doubles to 30,257 pounds of force on your walls and ceiling.
TL;DR: the State of Florida is so strict about getting licensed contractors to do the installation, and having those contractors pull a permit, because it can literally be a matter of life or death for you, your family, and anyone else who might be in your home the next time a hurricane blows through town.
What Happens If I Don’t Get a Permit to Replace My Windows?
So, what can happen if you (or the contractor you hire) fails to pull a building permit to replace windows, and start the work anyways? Here are a few commonly-cited consequences of unpermitted, unlicensed work:
- Stop Work Orders. One of the first things that tends to happen when regulators notice unpermitted work happening is the issuance of a stop work order. When this order is given, all work on the window replacement must cease immediately. You can’t even finish installing the new window if the order happens just after you rip the old window out. Typically, the stop work order will remain in place until you obtain a permit for your window replacement.
- Fines. Depending on the municipality, how you respond to the stop work order, and the nature of your unpermitted work, you may face significant fines for trying to replace a window without a permit.
- Removal of Work. If those new windows aren’t up to code, regulators may force you to remove them even after installation is complete. This removal and the consequent replacement will be at your expense.
- Lawsuits and Other Legal Measures. If you fail to comply with stop work orders or take other steps in defiance of municipal regulations, you may end up facing legal action. This, in turn, can lead to more expenses and consequences.
The bullets above are the most commonly-cited consequences of not getting your window replacement permit from the state… but there are other potential consequences of cutting corners by not getting a permit.
The consequence most people don’t know about is what happens with their homeowner’s insurance.
How Not Getting a Permit to Replace Windows Can Hurt Insurance Claims
Let’s say that you pull it off and get your windows replaced without ever getting caught by the state building inspector. But, in their haste to get the job done fast and on the cheap, the installer doesn’t do the work up to code.
Then, at a later date, your home is struck by a hurricane and the windows fail, letting in the harsh winds and rain. Naturally, you would seek to file a claim using your homeowner’s insurance so you can cover the cost of repairs to your home.
Unfortunately, when the insurance adjuster arrives to assess your home’s damage, they notice that you have windows that weren’t installed up to code. They then try to get a record of the permit you should have pulled when installing the new windows, and find no such record. The insurer then denies your claim because you made a significant modification to your home without getting a permit and making that modification in accordance with the Florida Building Code.
This can be an extremely devastating consequence.
Additionally, if you were hoping to secure the homeowner’s insurance discount for installing impact-rated windows, we have some bad news. If the insurance company cannot find a copy of your permit and doesn’t see an inspection report from the state’s building inspector, they may deny your application for the discount, even if you do have impact windows installed.
This is just another reason why it’s important to get a permit to replace your windows.
Get Professional Window Installation Who Always Pull a Permit to Replace Windows!
Whatever you do, if a window installation company in Florida tries to tell you that you don’t need a permit to replace windows, run the other way. Do not work with any company that tries to say that. They aren’t worth your time and money (and are unfortunately highly likely to scam you). A real installation professional will insist on getting building permits prior to placing an order for new windows from the manufacturer.
It’s better to work with a professional window installation company that always pulls the proper permits and does work that meets FBC requirements every time. Saving a little bit of time and money on getting a permit isn’t worth the cost of having to completely redo everything and get a permit later anyways.
If you want to get new windows professionally installed, reach out to Karoly Windows & Doors. We’ll get you started with a free in-home window installation consultation so you can learn more about impact windows and let us know what your top priorities are for new windows!
