The Story: A Printer, a Breaker, and a Big Red Flag
We were originally called out for a pre-drywall inspection on a new build. We documented the usual issues — some minor, some worth watching.
Fast forward almost a year later, and the homeowner called us back for her 11-month warranty inspection. She had one big concern:
“Every time I print something, the lights flicker.”
The problem was more than a flicker. The living room, dining room, and home office shared a single 15-amp circuit. That circuit had:
- Multiple light fixtures
- Several outlets
- And a touchy AFCI breaker that tripped often
We discovered the builder had overloaded the circuit, a classic mistake that leads to unstable power and breaker nuisance trips. Their “solution”?
Install a 20-amp non-AFCI breaker.
Here’s the problem:
- The wire was 14 AWG, only rated for 15 amps. Installing a 20-amp breaker on 14-gauge wire is a direct violation of the National Electrical Code (NEC), which mandates that overcurrent protection must not exceed the ampacity of the conductors it protects (NEC 240.4 and related tables).
- They removed the AFCI breaker, which is a safety requirement under NEC Section 210.12 for most 120-volt circuits in dwelling unit living areas (like living rooms, dining rooms, and home offices).
And when the homeowner pushed back, they told her:
“Your printer is the problem.”
This is how builders dodge accountability. They deflect. They minimize. They patch and move on. Until now.
What Changed in 2025?
Thanks to the new builder warranty law — Florida Statute § 553.837, effective July 1, 2025 — homeowners now have clear rights when it comes to construction defects and building code violations:
- Builders must provide a mandatory one-year warranty that covers defects in materials, equipment, or workmanship that result in a material violation of the Florida Building Code.
- And under Florida Statute § 553.84, a material violation is defined as one that “may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.”
An overloaded electrical circuit that repeatedly trips and violates multiple safety codes absolutely qualifies.
If This Happened Today, Here’s What We’d Do:
- Document the issue (like we always do), including photos of the panel, wire gauge, breaker rating, and AFCI removal.
- Cite NEC 210.12 for required AFCI protection.
- Cite NEC 240.4(D)(3) for 14 AWG wire ampacity limits.
- Reference Florida Statutes §§ 553.837 and 553.84, which give homeowners the right to demand code-compliant repairs.
- Deliver a report that can be used with your builder — and if needed, filed with the local building department to enforce compliance.
Why This Matters
- Safety is non-negotiable. Arc fault protection exists to prevent electrical fires. Removing it for convenience is dangerous and irresponsible.
- Your warranty clock is ticking. After 12 months, your legal leverage drops significantly — even if a clear code violation exists.
- Inspections catch what walkthroughs miss. Builders rely on most homeowners not knowing what’s behind the drywall… or inside the panel.
🛠️ Sean’s Advice
“If something feels off in your new home — it probably is. And now you’ve got the legal power to do something about it.
That 11-month inspection isn’t optional anymore. It’s your last, best shot to make the builder do the right thing. We know how to document it, cite it, and back you up. Don’t wait until it’s too late.”
Want to Make the Builder Fix It — the Right Way?
If you’re inside the 1-year mark on your new build, don’t assume everything was done correctly — assume the opposite, and verify.
We help you:
- Catch hidden electrical, plumbing, and structural issues
- Provide photographic and code-backed documentation
- Use the 2025 warranty law to your advantage
- Push back on builders who cut corners
Call us!