Q: Can Miami dade fire department enforce a law on a bussiness when previous years did not do it without any prior warning?

A: Under the facts described, whether you have a valid case depends on the language of any warranty provided to you but probably not.

Contractors are generally required to comply with Code, for example by making sure that the windows comply with size requirements. Suing a contractor, however, is usually subject to a statute of limitations that required a lawsuit to be filed within a set period of time of the contractor's breach of contract or negligent work. Sometimes, this time period can be extended by the "discovery rule" which delays when the statute of limitations begins to run. The "discovery rule" has both an objective and subjective part. The subjective part is when you actually discovered the breach or negligent work. The facts stated in your question suggest that you did not actually discover the problem with the size of the windows until the inspection this month by the Miami FD. The objective part is when a reasonable person using due diligence should have discovered the breach or negligent work. Because the size of the windows is something that is readily discoverable by measuring the windows just like the FD did, it is likely that the discovery rule does not apply in your situation.

That leaves you with only a possible breach of express warranty claim. You may or may not even have an express warranty, and it may or may not cover this particular matter. If you hired the contractor who installed the windows, check to see the exact language of any express warranty the contractor provided. If the windows were installed when you bought the building, check any express warranty provided by the seller when you bought the facility. Some express warranties contain vague language that arguably can be construed against the drafter to encompass ongoing Code compliance as long as you have not materially altered the goods sold. Of course, building Codes are constantly changed and updated. Owners of existing structures sometimes are grandfathered in and other times must make changes to the structures to bring it "up to Code."