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Cape Coral, FL Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopted base code
2020 Florida Building Code, § 12.1
Local amendment
§ 12.2(A), FBC § 107.6.1
Affidavit carve-out
Excludes flood load/resistance requirements
Federal basis
44 C.F.R. §§ 59, 60 (NFIP)
Stop work authority
Building Official, § 115.1

Summary

Cape Coral enforces the 2020 Florida Building Code for all construction citywide, but locally amends it so flood load and flood resistance requirements can never be waived through an affidavit-based permit. Unpermitted or unsafe work can be shut down immediately with a stop work order.

107.6.1 Building permits issued on the basis of an affidavit. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R, Sections 59 and 60), the authority granted to the Building Official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Section 105.14 and Section 107.6. shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. ... 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. In addition, the building official is authorized to issue a stop work order for the failure to contain or remove construction refuse as required in the Code of Ordinances, Chapter 9, Health and Sanitation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 38).

Full Breakdown

2 then locally amends specific Florida Building Code sections. R. 6 does not extend to flood load and flood resistance construction requirements. In practical terms, a Cape Coral applicant cannot get flood-related construction sign-off shortcut through a self-certifying affidavit; that portion of the permit review always requires the Building Official's direct plan and inspection review, reflecting the city's extensive canal-front and flood zone footprint. 2 also amends Section 115, Stop Work Orders: whenever work regulated by the code is being performed contrary to its provisions, or is dangerous or unsafe, the Building Official may issue a written stop work order to the owner, the owner's agent, or the person doing the work, requiring all work to cease immediately; the order must state the reason and the conditions for resuming.

The Building Official can also stop work for failure to contain or remove construction refuse required under Chapter 9, Health and Sanitation. Continuing work after a stop work order is served, other than corrective work, subjects the violator to penalties as prescribed by law. These amendments were adopted by Ordinance 19-21 (April 7, 2021) and further amended by Ordinance 96-22 (November 30, 2022).

Violations & Fines

Work performed without the required plan review, or that skirts the affidavit carve-out for flood load and flood resistance provisions, is subject to a stop work order under Section 115.1-115.3, requiring immediate cessation of all site work; continuing after the order is served (other than corrective work) exposes the responsible party to penalties as prescribed by law.

Frequently Asked Questions

Can I get a Cape Coral building permit approved just on an affidavit?
Only for portions of the Florida Building Code that allow it under base Sections 105.14 and 107.6. Section 107.6.1 specifically bars using an affidavit to satisfy the flood load and flood resistance construction requirements, so those elements always need full Building Official review.
Why does Cape Coral restrict affidavit-based permits?
Section 107.6.1 ties the restriction to federal National Flood Insurance Program regulations at 44 C.F.R. Sections 59 and 60, reflecting the city's extensive flood-prone canal frontage where the Building Official must directly verify flood construction compliance rather than accept a self-certification.
What happens if I build without a required permit or inspection?
The Building Official can issue a written stop work order under Section 115.1 whenever regulated work is performed contrary to the code or found dangerous or unsafe, forcing all work on site to stop immediately until the violation is corrected.

Sources & Official References

Other rules in Cape Coral

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