(1)(a) The commission shall adopt, by rule pursuant to ss. 120.536(1) and 120.54, the Florida Building Code which shall contain or incorporate by reference all laws and rules which pertain to and govern the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities and enforcement of such laws and rules, except as otherwise provided in this section.
(b) The technical portions of the Florida Accessibility Code for Building Construction shall be contained in their entirety in the Florida Building Code. The civil rights portions and the technical portions of the accessibility laws of this state shall remain as currently provided by law. Any revision or amendments to the Florida Accessibility Code for Building Construction pursuant to part II shall be considered adopted by the commission as part of the Florida Building Code. Neither the commission nor any local government shall revise or amend any standard of the Florida Accessibility Code for Building Construction except as provided for in part II.
(c) The Florida Fire Prevention Code and the Life Safety Code shall be referenced in the Florida Building Code, but shall be adopted, modified, revised, or amended, interpreted, and maintained by the Department of Financial Services by rule adopted pursuant to ss. 120.536(1) and 120.54. The Florida Building Commission may not adopt a fire prevention or lifesafety code, and nothing in the Florida Building Code shall affect the statutory powers, duties, and responsibilities of any fire official or the Department of Financial Services.
(d) Conflicting requirements between the Florida Building Code and the Florida Fire Prevention Code and Life Safety Code of the state established pursuant to ss. 633.206 and 633.208 shall be resolved by agreement between the commission and the State Fire Marshal in favor of the requirement that offers the greatest degree of lifesafety or alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction. If the commission and State Fire Marshal are unable to agree on a resolution, the question shall be referred to a mediator, mutually agreeable to both parties, to resolve the conflict in favor of the provision that offers the greatest lifesafety, or alternatives that would provide an equivalent degree of lifesafety and an equivalent method of construction.
(e) Subject to the provisions of this act, responsibility for enforcement, interpretation, and regulation of the Florida Building Code shall be vested in a specified local board or agency, and the words “local government” and “local governing body” as used in this part shall be construed to refer exclusively to such local board or agency.
(2) The Florida Building Code shall contain provisions or requirements for public and private buildings, structures, and facilities relative to structural, mechanical, electrical, plumbing, energy, and gas systems, existing buildings, historical buildings, manufactured buildings, elevators, coastal construction, lodging facilities, food sales and food service facilities, health care facilities, including assisted living facilities, adult day care facilities, hospice residential and inpatient facilities and units, and facilities for the control of radiation hazards, public or private educational facilities, swimming pools, and correctional facilities and enforcement of and compliance with such provisions or requirements. Further, the Florida Building Code must provide for uniform implementation of ss. 515.25, 515.27, and 515.29 by including standards and criteria for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required therein, which are consistent with the intent of s. 515.23. Technical provisions to be contained within the Florida Building Code are restricted to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code. Provisions relating to the personnel, supervision or training of personnel, or any other professional qualification requirements relating to contractors or their workforce may not be included within the Florida Building Code, and subsections (4), (6), (7), (8), and (9) are not to be construed to allow the inclusion of such provisions within the Florida Building Code by amendment. This restriction applies to both initial development and amendment of the Florida Building Code.
(3) The commission shall use the International Codes published by the International Code Council, the National Electric Code (NFPA 70), or other nationally adopted model codes and standards for updates to the Florida Building Code. The commission may approve technical amendments to the code as provided in subsections (8) and (9), subject to all of the following conditions:
(a) The proposed amendment must have been published on the commission’s website for a minimum of 45 days and all the associated documentation must have been made available to any interested party before consideration by a technical advisory committee.
(b) In order for a technical advisory committee to make a favorable recommendation to the commission, the proposal must receive a two-thirds vote of the members present at the meeting. At least half of the regular members must be present in order to conduct a meeting.
(c) After the technical advisory committee has considered and recommended approval of any proposed amendment, the proposal must be published on the commission’s website for at least 45 days before consideration by the commission.
(d) A proposal may be modified by the commission based on public testimony and evidence from a public hearing held in accordance with chapter 120.
The commission shall incorporate within the Florida Building Code provisions that address regional and local concerns and variations. The commission shall make every effort to minimize conflicts between the Florida Building Code, the Florida Fire Prevention Code, and the Life Safety Code.
(4)(a) All entities authorized to enforce the Florida Building Code under s. 553.80 shall comply with applicable standards for issuance of mandatory certificates of occupancy, minimum types of inspections, and procedures for plans review and inspections as established by the commission by rule. Local governments may adopt amendments to the administrative provisions of the Florida Building Code, subject to the limitations in this subsection. Local amendments must be more stringent than the minimum standards described in this section and must be transmitted to the commission within 30 days after enactment. The local government shall make such amendments available to the general public in a usable format. The State Fire Marshal is responsible for establishing the standards and procedures required in this subsection for governmental entities with respect to applying the Florida Fire Prevention Code and the Life Safety Code.
(b) Local governments may, subject to the limitations in this section and not more than once every 6 months, adopt amendments to the technical provisions of the Florida Building Code that apply solely within the jurisdiction of such government and that provide for more stringent requirements than those specified in the Florida Building Code. A local government may adopt technical amendments that address local needs if:
1. The local governing body determines, following a public hearing which has been advertised in a newspaper of general circulation at least 10 days before the hearing, that there is a need to strengthen the requirements of the Florida Building Code. The determination must be based upon a review of local conditions by the local governing body, which review demonstrates by evidence or data that the geographical jurisdiction governed by the local governing body exhibits a local need to strengthen the Florida Building Code beyond the needs or regional variation addressed by the Florida Building Code, that the local need is addressed by the proposed local amendment, and that the amendment is no more stringent than necessary to address the local need.
2. Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities.
3. Such additional requirements may not introduce a new subject not addressed in the Florida Building Code.
(c) The enforcing agency shall make readily available, in a usable format, all amendments adopted under this section.
(d) Any amendment to the Florida Building Code shall be transmitted within 30 days after adoption by the local government to the commission. The commission shall maintain copies of all such amendments in a format that is usable and obtainable by the public. Local technical amendments are not effective until 30 days after the amendment has been received and published by the commission.
(e) An amendment to the Florida Building Code adopted by a local government under this subsection is effective only until the adoption of the new edition of the Florida Building Code by the commission every third year. At such time, the commission shall review such amendment for consistency with the criteria in paragraph (9)(a) and adopt such amendment as part of the Florida Building Code or rescind the amendment. The commission shall immediately notify the respective local government of the rescission of any amendment. After receiving such notice, the respective local government may readopt the rescinded amendment under the provisions of this subsection.
(f) Each county and municipality desiring to make local technical amendments to the Florida Building Code shall establish by interlocal agreement a countywide compliance review board to review any amendment to the Florida Building Code that is adopted by a local government within the county under this subsection and that is challenged by a substantially affected party for purposes of determining the amendment’s compliance with this subsection. If challenged, the local technical amendments are not effective until the time for filing an appeal under paragraph (g) has expired or, if there is an appeal, until the commission issues its final order determining if the adopted amendment is in compliance with this subsection.
(g) If the compliance review board determines such amendment is not in compliance with this subsection, the compliance review board shall notify such local government of the noncompliance and that the amendment is invalid and unenforceable until the local government corrects the amendment to bring it into compliance. The local government may appeal the decision of the compliance review board to the commission. If the compliance review board determines that such amendment is in compliance with this subsection, any substantially affected party may appeal such determination to the commission. Any such appeal must be filed with the commission within 14 days after the board’s written determination. The commission shall promptly refer the appeal to the Division of Administrative Hearings by electronic means through the division’s website for the assignment of an administrative law judge. The administrative law judge shall conduct the required hearing within 30 days after being assigned to the appeal, and shall enter a recommended order within 30 days after the conclusion of such hearing. The commission shall enter a final order within 30 days after an order is rendered. Chapter 120 and the uniform rules of procedure shall apply to such proceedings. The local government adopting the amendment that is subject to challenge has the burden of proving that the amendment complies with this subsection in proceedings before the compliance review board and the commission, as applicable. Actions of the commission are subject to judicial review under s. 120.68. The compliance review board shall determine whether its decisions apply to a respective local jurisdiction or apply countywide.
(h) An amendment adopted under this subsection must include a fiscal impact statement that documents the costs and benefits of the proposed amendment. Criteria for the fiscal impact statement shall include the impact to local government relative to enforcement and the impact to property and building owners and industry relative to the cost of compliance. The fiscal impact statement may not be used as a basis for challenging the amendment for compliance.
(i) In addition to paragraphs (f) and (g), the commission may review any amendments adopted under this subsection and make nonbinding recommendations related to compliance of such amendments with this subsection.
(j) Any amendment adopted by a local enforcing agency under this subsection may not apply to state or school district owned buildings, manufactured buildings or factory-built school buildings approved by the commission, or prototype buildings approved under s. 553.77(3). The respective responsible entities shall consider the physical performance parameters substantiating such amendments when designing, specifying, and constructing such exempt buildings.
(k) A technical amendment to the Florida Building Code related to water conservation practices or design criteria adopted by a local government under this subsection is not void when the code is updated if the technical amendment is necessary to protect or provide for more efficient use of water resources as provided in s. 373.621. However, any such technical amendment carried forward into the next edition of the code under this paragraph is subject to review or modification as provided in this part.
(l) If a local government adopts a regulation, law, ordinance, policy, amendment, or land use or zoning provision without using the process established in this subsection, and a substantially affected person considers such regulation, law, ordinance, policy, amendment, or land use or zoning provision to be a technical amendment to the Florida Building Code, then the substantially affected person may submit a petition to the commission for a nonbinding advisory opinion. If a substantially affected person submits a request in accordance with this paragraph, the commission shall issue a nonbinding advisory opinion stating whether or not the commission interprets the regulation, law, ordinance, policy, amendment, or land use or zoning provision as a technical amendment to the Florida Building Code. As used in this paragraph, the term “local government” means a county, municipality, special district, or political subdivision of the state.
1. Requests to review a local government regulation, law, ordinance, policy, amendment, or land use or zoning provision may be initiated by any substantially affected person. A substantially affected person includes an owner or builder subject to the regulation, law, ordinance, policy, amendment, or land use or zoning provision, or an association of owners or builders having members who are subject to the regulation, law, ordinance, policy, amendment, or land use or zoning provision.
2. In order to initiate a review, a substantially affected person must file a petition with the commission. The commission shall adopt a form for the petition and directions for filing, which shall be published on the Building Code Information System. The form shall, at a minimum, require the following:
a. The name of the local government that enacted the regulation, law, ordinance, policy, amendment, or land use or zoning provision.
b. The name and address of the local government’s general counsel or administrator.
c. The name, address, and telephone number of the petitioner; the name, address, and telephone number of the petitioner’s representative, if any; and an explanation of how the petitioner’s substantial interests are being affected by the regulation, law, ordinance, policy, amendment, or land use or zoning provision.
d. A statement explaining why the regulation, law, ordinance, policy, amendment, or land use or zoning provision is a technical amendment to the Florida Building Code, and which provisions of the Florida Building Code, if any, are being amended by the regulation, law, ordinance, policy, amendment, or land use or zoning provision.
3. The petitioner shall serve the petition on the local government’s general counsel or administrator by certified mail, return receipt requested, and send a copy of the petition to the commission, in accordance with the commission’s published directions. The local government shall respond to the petition in accordance with the form by certified mail, return receipt requested, and send a copy of its response to the commission, within 14 days after receipt of the petition, including Saturdays, Sundays, and legal holidays.
4. Upon receipt of a petition that meets the requirements of this paragraph, the commission shall publish the petition, including any response submitted by the local government, on the Building Code Information System in a manner that allows interested persons to address the issues by posting comments.
5. Before issuing an advisory opinion, the commission shall consider the petition, the response, and any comments posted on the Building Code Information System. The commission may also provide the petition, the response, and any comments posted on the Building Code Information System to a technical advisory committee, and may consider any recommendation provided by the technical advisory committee. The commission shall issue an advisory opinion stating whether the regulation, law, ordinance, policy, amendment, or land use or zoning provision is a technical amendment to the Florida Building Code within 30 days after the filing of the petition, including Saturdays, Sundays, and legal holidays. The commission shall publish its advisory opinion on the Building Code Information System and in the Florida Administrative Register. The commission’s advisory opinion is nonbinding and is not a declaratory statement under s. 120.565.
(5) Notwithstanding subsection (4), counties and municipalities may adopt by ordinance an administrative or technical amendment to the Florida Building Code relating to flood resistance in order to implement the National Flood Insurance Program or incentives. Specifically, an administrative amendment may assign the duty to enforce all or portions of flood-related code provisions to the appropriate agencies of the local government and adopt procedures for variances and exceptions from flood-related code provisions other than provisions for structures seaward of the coastal construction control line consistent with the requirements in 44 C.F.R. s. 60.6. A technical amendment is authorized to the extent it is more stringent than the code. A technical amendment is not subject to the requirements of subsection (4) and may not be rendered void when the code is updated if the amendment is adopted for the purpose of participating in the Community Rating System promulgated pursuant to 42 U.S.C. s. 4022, the amendment had already been adopted by local ordinance prior to July 1, 2010, or the amendment requires a design flood elevation above the base flood elevation. Any amendment adopted under this subsection shall be transmitted to the commission within 30 days after being adopted. A municipality, county, or special district may not use preliminary maps issued by the Federal Emergency Management Agency for any law, ordinance, rule, or other measure that has the effect of imposing land use changes or permits.
(6) The initial adoption of, and any subsequent update or amendment to, the Florida Building Code by the commission is deemed adopted for use statewide without adoptions by local government. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit.
(7)(a) The commission shall adopt an updated Florida Building Code every 3 years through review of the most current updates of the International Building Code, the International Fuel Gas Code, the International Existing Building Code, the International Mechanical Code, the International Plumbing Code, and the International Residential Code, all of which are copyrighted and published by the International Code Council, and the National Electrical Code, which is copyrighted and published by the National Fire Protection Association. At a minimum, the commission shall adopt any updates to such codes or any other code necessary to maintain eligibility for federal funding and discounts from the National Flood Insurance Program, the Federal Emergency Management Agency, and the United States Department of Housing and Urban Development. The commission shall also review and adopt updates based on the International Energy Conservation Code (IECC); however, the commission shall maintain the efficiencies of the Florida Energy Efficiency Code for Building Construction adopted and amended pursuant to s. 553.901. Every 3 years, the commission may approve updates to the Florida Building Code without a finding that the updates are needed in order to accommodate the specific needs of this state. The commission shall adopt updated codes by rule.
(b) Codes regarding noise contour lines shall be reviewed annually, and the most current federal guidelines shall be adopted.
(c) The commission may also adopt as a technical amendment to the Florida Building Code any portion of the codes identified in paragraph (a), but only as needed to accommodate the specific needs of this state. Standards or criteria adopted from these codes shall be incorporated by reference to the specific provisions adopted. If a referenced standard or criterion requires amplification or modification to be appropriate for use in this state, only the amplification or modification shall be set forth in the Florida Building Code. The commission may approve technical amendments to the updated Florida Building Code after the amendments have been subject to the conditions set forth in paragraphs (3)(a)-(d). Amendments that are adopted in accordance with this subsection shall be clearly marked in printed versions of the Florida Building Code so that the fact that the provisions are amendments is readily apparent.
(d) The commission shall further consider the commission’s own interpretations, declaratory statements, appellate decisions, and approved statewide and local technical amendments and shall incorporate such interpretations, statements, decisions, and amendments into the updated Florida Building Code only to the extent that they are needed to accommodate the specific needs of the state. A change made by an institute or standards organization to any standard or criterion that is adopted by reference in the Florida Building Code does not become effective statewide until it has been adopted by the commission. Furthermore, the edition of the Florida Building Code which is in effect on the date of application for any permit authorized by the code governs the permitted work for the life of the permit and any extension granted to the permit.
(e) A rule updating the Florida Building Code in accordance with this subsection shall take effect no sooner than 6 months after publication of the updated code. Any amendment to the Florida Building Code which is adopted upon a finding by the commission that the amendment is necessary to protect the public from immediate threat of harm takes effect immediately. If energy code compliance software is not approved by the commission at least 3 months before the effective date of the updated Florida Building Code, the commission may delay the effective date of the energy provisions of the Florida Building Code for up to 3 additional months.
(f) Provisions of the Florida Building Code, including those contained in referenced standards and criteria, relating to wind resistance or the prevention of water intrusion may not be modified to diminish those construction requirements; however, the commission may, subject to conditions in this subsection, modify the provisions to enhance those construction requirements.
(g) The commission shall modify the Florida Building Code to state that sealed drawings by a design professional are not required for the replacement of windows, doors, or garage doors in an existing one-family or two-family dwelling or townhouse if all of the following conditions are met:
1. The replacement windows, doors, or garage doors are installed in accordance with the manufacturer’s instructions for the appropriate wind zone.
2. The replacement windows, doors, or garage doors meet the design pressure requirements in the most recent version of the Florida Building Code, Residential.
3. A copy of the manufacturer’s instructions is submitted with the permit application in a printed or digital format.
4. The replacement windows, doors, or garage doors are the same size and are installed in the same opening as the existing windows, doors, or garage doors.
(8) Notwithstanding subsection (3) or subsection (7), the commission may address issues identified in this subsection by amending the code under the rule adoption procedures in chapter 120. Updates to the Florida Building Code, including provisions contained in referenced standards and criteria which relate to wind resistance or the prevention of water intrusion, may not be amended under this subsection to diminish those standards; however, the commission may amend the Florida Building Code to enhance such standards. Following the approval of any amendments to the Florida Building Code by the commission and publication of the amendments on the commission’s website, authorities having jurisdiction to enforce the Florida Building Code may enforce the amendments.
(a) The commission may approve amendments that are needed to address:
1. Conflicts within the updated code;
2. Conflicts between the updated code and the Florida Fire Prevention Code adopted under chapter 633;
3. Unintended results from the integration of previously adopted amendments with the model code;
4. Equivalency of standards;
5. Changes to or inconsistencies with federal or state law; or
6. Adoption of an updated edition of the National Electrical Code if the commission finds that delay of implementing the updated edition causes undue hardship to stakeholders or otherwise threatens the public health, safety, and welfare.
(b) The commission may issue errata to the code pursuant to the rule adoption procedures in chapter 120 to list demonstrated errors in provisions contained within the Florida Building Code. The determination of such errors and the issuance of errata to the code must be approved by a 75-percent supermajority vote of the commission. For purposes of this paragraph, “errata to the code” means a list of errors on current and previous editions of the Florida Building Code.
(9)(a) The commission may approve technical amendments to the Florida Building Code once each year for statewide or regional application upon a finding that the amendment:
1. Is needed in order to accommodate the specific needs of this state.
2. Has a reasonable and substantial connection with the health, safety, and welfare of the general public.
3. Strengthens or improves the Florida Building Code, or in the case of innovation or new technology, will provide equivalent or better products or methods or systems of construction.
4. Does not discriminate against materials, products, methods, or systems of construction of demonstrated capabilities.
5. Does not degrade the effectiveness of the Florida Building Code.
The Florida Building Commission may approve technical amendments to the code once each year to incorporate into the Florida Building Code its own interpretations of the code which are embodied in its opinions, final orders, declaratory statements, and interpretations of hearing officer panels under s. 553.775(3)(c), but only to the extent that the incorporation of interpretations is needed to modify the code to accommodate the specific needs of this state. Amendments approved under this paragraph shall be adopted by rule after the amendments have been subjected to subsection (3).
(b) A proposed amendment must include a fiscal impact statement that documents the costs and benefits of the proposed amendment. Criteria for the fiscal impact statement shall be established by rule by the commission and shall include the impact to local government relative to enforcement, the impact to property and building owners, and the impact to industry, relative to the cost of compliance. The amendment must demonstrate by evidence or data that the state’s geographical jurisdiction exhibits a need to strengthen the code beyond the needs or regional variations addressed by the code and why the proposed amendment applies to this state.
(c) The commission may not approve any proposed amendment that does not accurately and completely address all requirements for amendment which are set forth in this section. The commission shall require all proposed amendments and information submitted with proposed amendments to be reviewed by commission staff prior to consideration by any technical advisory committee. These reviews shall be for sufficiency only and are not intended to be qualitative in nature. Staff members shall reject any proposed amendment that fails to include a fiscal impact statement. Proposed amendments rejected by members of the staff may not be considered by the commission or any technical advisory committee.
(d) Provisions of the Florida Building Code, including those contained in referenced standards and criteria, relating to wind resistance or the prevention of water intrusion may not be amended pursuant to this subsection to diminish those construction requirements; however, the commission may, subject to conditions in this subsection, amend the provisions to enhance those construction requirements.
(10) The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the Legislature and provided by law:
(a) Buildings and structures specifically regulated and preempted by the Federal Government.
(b) Railroads and ancillary facilities associated with the railroad.
(c) Nonresidential farm buildings on farms.
(d) Temporary buildings or sheds used exclusively for construction purposes.
(e) Mobile or modular structures used as temporary offices, except that the provisions of part II relating to accessibility by persons with disabilities apply to such mobile or modular structures.
(f) Those structures or facilities of electric utilities, as defined in s. 366.02, which are directly involved in the generation, transmission, or distribution of electricity.
(g) Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises.
(h) Storage sheds that are not designed for human habitation and that have a floor area of 720 square feet or less are not required to comply with the mandatory wind-borne-debris-impact standards of the Florida Building Code. In addition, such buildings that are 400 square feet or less and that are intended for use in conjunction with one- and two-family residences are not subject to the door height and width requirements of the Florida Building Code.
(i) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term “chickee” means an open-sided wooden hut that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features.
(j) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete.
(k) A building or structure having less than 1,000 square feet which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure:
1. Is not rented or leased or used as a principal residence;
2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency’s current Flood Insurance Rate Map; and
3. Is not connected to an offsite electric power or water supply.
(m) Any system or equipment, whether affixed or movable, which is located on property within a spaceport territory pursuant to s. 331.304 and which is used for the production, erection, alteration, modification, repair, launch, processing, recovery, transport, integration, fueling, conditioning, or equipping of a space launch vehicle, payload, or spacecraft.
With the exception of paragraphs (a), (b), (c), and (f), in order to preserve the health, safety, and welfare of the public, the Florida Building Commission may, by rule adopted pursuant to chapter 120, provide for exceptions to the broad categories of buildings exempted in this section, including exceptions for application of specific sections of the code or standards adopted therein. The Department of Agriculture and Consumer Services shall have exclusive authority to adopt by rule, pursuant to chapter 120, exceptions to nonresidential farm buildings exempted in paragraph (c) when reasonably necessary to preserve public health, safety, and welfare. The exceptions must be based upon specific criteria, such as under-roof floor area, aggregate electrical service capacity, HVAC system capacity, or other building requirements. Further, the commission may recommend to the Legislature additional categories of buildings, structures, or facilities which should be exempted from the Florida Building Code, to be provided by law. The Florida Building Code does not apply to temporary housing provided by the Department of Corrections to any prisoner in the state correctional system.
(11)(a) In the event of a conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code as applied to a specific project, the conflict shall be resolved by agreement between the local building code enforcement official and the local fire code enforcement official in favor of the requirement of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction. Local boards created to address issues arising under the Florida Building Code or the Florida Fire Prevention Code may combine the appeals boards to create a single, local board having jurisdiction over matters arising under either code or both codes. The combined local appeals board may grant alternatives or modifications through procedures outlined in NFPA 1, Section 1.4, but may not waive the requirements of the Florida Fire Prevention Code. To meet the quorum requirement for convening the combined local appeals board, at least one member of the board who is a fire protection contractor, a fire protection design professional, a fire department operations professional, or a fire code enforcement professional must be present.
(b) Any decision made by the local fire official regarding application, interpretation, or enforcement of the Florida Fire Prevention Code or by the local building official regarding application, interpretation, or enforcement of the Florida Building Code, or the appropriate application of either code or both codes in the case of a conflict between the codes, may be appealed to a local administrative board designated by the municipality, county, or special district having firesafety responsibilities. If the decision of the local fire official and the local building official is to apply the provisions of either the Florida Building Code or the Florida Fire Prevention Code and the Life Safety Code, the board may not alter the decision unless the board determines that the application of such code is not reasonable. If the decision of the local fire official and the local building official is to adopt an alternative to the codes, the local administrative board shall give due regard to the decision rendered by the local officials and may modify that decision if the administrative board adopts a better alternative, taking into consideration all relevant circumstances. In any case in which the local administrative board adopts alternatives to the decision rendered by the local fire official and the local building official, such alternatives shall provide an equivalent degree of lifesafety and an equivalent method of construction as the decision rendered by the local officials.
(c) If the local building official and the local fire official are unable to agree on a resolution of the conflict between the Florida Building Code and the Florida Fire Prevention Code and the Life Safety Code, the local administrative board shall resolve the conflict in favor of the code which offers the greatest degree of lifesafety or alternatives which would provide an equivalent degree of lifesafety and an equivalent method of construction.
(d) All decisions of the local administrative board or, if none exists, the local building official and the local fire official in regard to the application, enforcement, or interpretation of the Florida Fire Prevention Code, or conflicts between the Florida Fire Prevention Code and the Florida Building Code, are subject to review by a joint committee composed of members of the Florida Building Commission and the Fire Code Advisory Council. If the joint committee is unable to resolve conflicts between the codes as applied to a specific project, the matter shall be resolved pursuant to paragraph (1)(d). Decisions of the local administrative board related solely to the Florida Building Code are subject to review as set forth in s. 553.775.
(e) The local administrative board shall, to the greatest extent possible, be composed of members with expertise in building construction and firesafety standards.
(f) All decisions of the local building official and local fire official and all decisions of the administrative board shall be in writing and shall be binding upon a person but do not limit the authority of the State Fire Marshal or the Florida Building Commission pursuant to paragraph (1)(d) and ss. 633.104 and 633.228. Decisions of general application shall be indexed by building and fire code sections and shall be available for inspection during normal business hours.
(12) Except within coastal building zones as defined in s. 161.54, specification standards developed by nationally recognized code promulgation organizations to determine compliance with engineering criteria of the Florida Building Code for wind load design shall not apply to one or two family dwellings which are two stories or less in height unless approved by the commission for use or unless expressly made subject to said standards and criteria by local ordinance adopted in accordance with the provisions of subsection (4).
(13) The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements, and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair, or demolition of public or private buildings, structures, or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code to prevent the siting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law.
(14) The general provisions of the Florida Building Code for buildings and other structures shall not apply to commercial wireless communication towers when such general provisions are inconsistent with the provisions of the code controlling radio and television towers. This subsection is intended to be remedial in nature and to clarify existing law.
(15) An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units.
(16) The Florida Building Code must require that the illumination in classroom units be designed to provide and maintain an average of 40 foot-candles of light at each desktop. Public educational facilities must consider using light-emitting diode lighting before considering other lighting sources.
(17) A provision of the International Residential Code relating to mandated fire sprinklers may not be incorporated into the Florida Building Code as adopted by the Florida Building Commission and may not be adopted as a local amendment to the Florida Building Code. This subsection does not prohibit the application of cost-saving incentives for residential fire sprinklers that are authorized in the International Residential Code upon a mutual agreement between the builder and the code official. This subsection does not apply to a local government that has a lawfully adopted ordinance relating to fire sprinklers which has been in effect since January 1, 2010.
(18) In a single-family dwelling, makeup air is not required for range hood exhaust systems capable of exhausting:
(a) Four hundred cubic feet per minute or less; or
(b) More than 400 cubic feet per minute but no more than 800 cubic feet per minute if there are no gravity vent appliances within the conditioned living space of the structure.
(19) The Florida Building Code shall require two fire service access elevators in all buildings with a height greater than 120 feet measured from the elevation of street-level access to the level of the highest occupiable floor. All remaining elevators, if any, shall be provided with Phase I and II emergency operations. Where a fire service access elevator is required, a 1-hour fire-rated fire service access elevator lobby with direct access from the fire service access elevator is not required if the fire service access elevator opens into an exit access corridor that is no less than 6 feet wide for its entire length and is at least 150 square feet with the exception of door openings, and has a minimum 1-hour fire rating with three-quarter hour fire and smoke rated openings; and during a fire event the fire service access elevator is pressurized and floor-to-floor smoke control is provided. However, where transient residential occupancies occur at floor levels more than 420 feet above the level of fire service access, a 1-hour fire-rated service access elevator lobby with direct access from the fire service access elevator is required. Standpipes in high-rise buildings of Florida Building Code—Building Occupancy Group R1 or R2 must be located in stairwells and are subject only to the requirements of the Florida Fire Prevention Code and NFPA 14, Standard for the Installation of Standpipes and Hose Systems, adopted by the State Fire Marshal.
(20) The Florida Building Commission may not:
(a) Adopt the 2016 version of the American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 9.4.1.1(g).
(b) Adopt any provision that requires a door located in the opening between a garage and a single-family residence to be equipped with a self-closing device.
(c) Adopt into the Florida Building Code any provision that prohibits or requires, or has the effect of prohibiting or requiring, the installation of materials to facilitate the use of more than one type or fuel source of energy production listed in s. 366.032(1), except to the extent that more than one type or fuel source of energy is required for the proper operation of an appliance, as specified by the appliance manufacturer. This paragraph does not apply to emergency power systems and standby power systems required by law, the Florida Building Code, the Florida Fire Prevention Code, or local amendments adopted thereto.
Cited 25 times | Published | Florida 3rd District Court of Appeal
...n that because of local conditions, more stringent requirements are needed in order to protect life and property and, (2) the added requirements do not discriminate against materials, products or construction techniques of demonstrated capabilities. § 553.73(3)(a) and (b), Fla....
...ally and entirely reserved to local authorities. Such local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether such building is a conventionally constructed or manufactured building.... [e.s.] [4] § 553.73(3)(a) and (b), Fla....
Cited 5 times | Published | Florida 3rd District Court of Appeal | 1991 WL 205825
...r violation of the building code because a concrete supplier must comply with the building code. We disagree. Monroe County has adopted the Standard Building Code as the applicable State Minimum Building Code. See Monroe County Code art II, § 6-16. Section 553.73(2)(d), Florida Statutes (1987) states that the State Minimum Building Codes adopted by each local government "shall govern the construction, erection, alteration, repair, or demolition of any building." The complaints allege that Toppi...
...To that end, the Legislature tasked the Commission with adopting the Florida Building Code, which contains rules governing the design, construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures, and facilities. See § 553.73(1), Fla....
...For a building permit submitted prior to the effective date of the Florida Building Code, March 1, 2002, the minimum building code in effect on the date of the application governs the permitted work for the life of the permit and any extensions thereto. See § 553.73(5), Fla....
...Are building permits required for nonresidential farm buildings in light of section 604.50 , Florida Statutes? 2. May the county require a zoning compliance permit under its land development regulations for nonresidential farm buildings? In sum: 1. Sections 553.73 (7)(c) 1 and 604.50 , Florida Statutes, exempt nonresidential farm buildings located on a farm from the Florida Building Code and any county or municipal building code, making building permits unnecessary for such buildings....
...3 In 1998, as a result of a building codes study commission report suggesting the development of a single statewide building code, the Legislature created a statewide unified building code. 4 Part of the newly unified building code specifically addressed the exemption of certain buildings and structures from the code. Section 553.73 (8), Florida Statutes (1998), stated: "The following buildings, structures, and facilities may be exempted from the Florida Building Code as provided by law ....
...Code and any county or municipal building code. For purposes of this section "nonresidential farm building" means any building or structure located on a farm that is not used as a residential dwelling. Farm is as defined in s. 823.14 ." 6 Changes to section 553.73 , Florida Statutes, during the 2000 legislative session, effective July 1, 2001, substituted "are exempt" for "may be exempt" for the enumerated buildings, structures and facilities exempted from the Florida Building Code....
...such rules have been adopted to date. The exemption for nonresidential farm buildings from the Florida Building Code and any county or municipal building code in section 604.50 , Florida Statutes, has been in existence since 1998. The amendments to section 553.73 , Florida Statutes, during the 2000 legislative session, reiterated that such buildings are not subject to the Florida Building Code....
...Legislative intent controls the construction of statutes. That intent, however, is determined primarily from the language of the statute; thus, the plain meaning of the language used in the statute is the first consideration in the interpretation of a statute. 9 The plain language of sections 553.73 (7)(c) and 604.50 , Florida Statutes, exempts all nonresidential buildings located on a farm from state and local building codes....
...mit to the extent such a permitting requirement does not prohibit, restrict, regulate or otherwise limit an activity of the farm. Sincerely, Robert A. Butterworth Attorney General RAB/tls 1 See, s. 25, Ch. 2001-186 , Laws of Florida, which renumbers s. 553.73 (7), Fla. Stat. (2000), back to s. 553.73 (8), Fla....
...Section 823.14 (3) (a), Fla. Stat., defines "Farm" as "the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products." 7 See, s. 75, Ch. 2000-141 , Laws of Florida, also renumbering s. 553.73 (8), Fla. Stat. (1999), to s. 553.73 (7), Fla. Stat. 8 See, s. 553.73 (7), Fla....
...See also, Ops. Att'y Gen. Fla. 00-46 (2000) (where language of statute is plain and definite in meaning without ambiguity, it fixes the legislative intention such that interpretation and construction are not needed); 99-44 (1999); and 97-81 (1997). 10 Section 553.73 (1), Fla....
...E OF CHAPTER 83-160? QUESTION ONE Part VI of Ch. 553 , F.S., the Florida Building Codes Act, relating to building construction standards, provides a mechanism for the promulgation, adoption and enforcement of state minimum building codes in Florida. Section 553.73 (1), F.S....
...e wherever such building or structure is situated in the code enforcement jurisdiction. As a general proposition, the Department of General Services has jurisdiction over the construction of state buildings. See , s 255.25 , F.S. Subsection (6) of s 553.73 , F.S., provides that "[t]he specific model code of the State Minimum Building Codes adopted by a municipality, county, or state agency shall regulate every type of building or structure, wherever it might be situated in the code enforcement jurisdiction ....
...the appropriate enforcing agency. See also , s 553.80 (1), F.S., which makes it the responsibility of each state agency with statutory authority to regulate building construction to enforce the building code adopted by such body in accordance with s 553.73 , F.S.; subsection (5) of s 553.73 , F.S., (1982 Supp.), which in pertinent part, makes it the responsibility of each state agency with statutory authority to regulate building construction to enforce the specific model code adopted by that state agency in accordance with the provisions of s 553.80 , F.S.; and see , s 255.25 (1), F.S....
...for construction, alteration, repair, or demolition of buildings." The term "enforcing agency," on the other hand, would appear to include state agencies with building construction regulation responsibilities. See specifically , subsection (5) of s 553.73 , F.S....
...The act contemplates the use of an Interim State Building Code culminating in a State Minimum Building Code by 1977. § 553.-78(7), F.S.1974. Uniformity throughout the state is intended as nearly as possible. § 553.78(6), F.S.1974. With reference to appellate review the legislative intent is further demonstrated by § 553.73, which provides: “(1) By January 1, 1975, local governments and state agencies with building construction regulation responsibilities that do not have in effect codes regulating the construction of buildings shall adopt an interim building code which covers all types of construction....
...he right of appeal to the board in accordance with the provisions of § 553.81.” Thus, a local government which has in effect as of January 1, 1975, a building code not inferior to the Interim State Building Code 1 is governed by the provisions of § 553.73, F.S., and one aggrieved by a deci- *669 sibn of a local board enforcing building code regulations has a right to appeal to the State Board of Building Codes and Standards....
...Therefore, we affirm the decision of the Florida Board of Building Codes and Standards denying appellant’s motion to dismiss for lack of jurisdiction. CROSS, J., and SCHULZ, GEORGE E., Associate Judge, concur. . Appellant had such a code in effect as of January 1, 1975, viz., the South Florida Building Code. See § 553.73(2) F.S.1974.
...Although International Insurance Company was a named appellant to this appeal, the parties stipulated to its dismissal prior to oral *898 argument. For that reason, no further reference will be made to this party. . See section 302.1(d), S. Fla. Bldg.Code (1979 & 1984 eds.); section 553.73, Fla....
...515.25, 515.27, and 515.29 by including standards and criteria for residential swimming pool barriers, pool covers, latching devices, door and window exit alarms, and other equipment required therein, which are consistent with the intent of s. 515.23. *938 Ch.2001-186, § 25, at 1528, Laws of Fla. (codified as section 553.73(2), Florida Statutes)....
...ons for the resident's children and for business associates when they visit. A question has been raised as to whether the structure is exempt from the permitting process pursuant to sections 604.50 and section 823.14 , Florida Statutes. Question One Section 553.73 (9), Florida Statutes, providing for the Florida Building Code, states in pertinent part: "The following buildings, structures, and facilities are exempt from the Florida Building Code as provided by law, and any further exemptions sha...
...used for commercial or industrial purposes. Local governments are required to adopt a building code covering all types of construction, which must include the provisions of part V of ch. 553, F. S., relating to accessibility by handicapped persons. Section 553.73 (1). Each local government also is required to adopt one of the State Minimum Building Codes created by s. 553.73 (12) as its building code. Section 556.73(2). The listed model codes also must include the provisions of part V, see s. 553.73 (2), but no authority is delegated by any provision of part VI to alter, expand on, modify, or supersede any definition contained in or provision of part V relating to accessibility by handicapped persons. Each county or municipality in the state is responsible for the enforcement of the specific model code of the State Minimum Building Codes adopted by the county or municipality in accordance with the provisions of s. 553.80 . Section 553.73 (5). The specific model code adopted by a county or municipality shall regulate every type of building or structure in the code enforcement jurisdiction. Section 553.73 (6)....
...nably be deemed to be, a single-family dwelling within the purview of and for the purposes of the exemption from the provisions of part V of ch. 553. As initially noted, a building code and a particular model code adopted by a local government under s. 553.73 (1) and (2), F....
...Those buildings, classifications, and `uses' described in part V, and those buildings, classifications, or `uses' only, are subject to the requirements of s. 553.48. This being so, no local building code or model code (State Minimum Building Codes) listed in s. 553.73 can so define any building or structure for the building construction purposes of such building code or model code as to effect any modification of or change any definition or description in any provision of part V....
...S., the Board of Building Codes and Standards, pursuant to its authority under s. 553.77 (1)(d) (part VI of ch. 553) to issue advisory opinions relating to the interpretation, enforcement, administration, or modification by local governments of the State Minimum Building Codes (model codes listed in s. 553.73 (2)), is not expressly empowered to anywise make or effect any amendment, extension, modification, or revocation of any provision of part V of ch....
...However, the Board of Building Codes and Standards is authorized, subject to compliance with the procedural requirements of ch. 120, F. S., to make recommendations to the Legislature to revise, alter, repeal, or update the State Minimum Building Codes. See s. 553.73 (7). Since these codes must include the provisions of part V of ch. 553 ( see s. 553.73 (1) and (2)), it would seem the board may utilize this mechanism to seek a legislative clarification or revision of the provisions of part V relating to accessibility by handicapped persons insofar as they may apply to the various existing and potential forms of condominiums....
...g official’s decisions and interpretations concerning the building code. § 6-16.4, Monroe County Code. *720 The Standard Building Code is one of the several construction codes approved by the Florida Legislature for adoption by local governments. § 553.73(2), Fla. Stat. (1995). Its purpose is to provide construction standards which are to be enforced by the local agency established for that purpose. §§ 553.71(5), 553.73(1), Fla....
...ts than those specified in Section 1606 of the Standard Building Code regarding wind load criteria but may not adopt less stringent regulations. Any local government adopting more stringent regulations must comply with the procedural requirements of section 553.73 (4), Florida Statutes, as amended. Section 553.73 , Florida Statutes, as amended by Chapter 97-177, Laws of Florida, requires local governments and state agencies with building construction regulation responsibilities to adopt a building code covering all types of construction....
...sponsibilities, a listing of all such requirements and codes." Thus, local governments are authorized to adopt more stringent standards than those contained in the State Minimum Building Codes by following the procedural requirements in the statute. Section 553.73 , Florida Statutes, contains a provision dealing with wind resistance standards for building construction....
...wind resistance. The Florida Board of Building Codes and Standards has adopted Section 1606 of the Standard Building Code as the minimum wind load criteria to be used in the design of all one and two family dwellings. 4 Therefore, as contemplated by section 553.73 (9), Florida Statutes, a minimum standard has been adopted in this state for wind load criteria for one and two family dwellings, and building regulations adopted by local governments must conform to those standards and criteria. However, as provided in section 553.73 (4), Florida Statutes, local governments may adopt more stringent requirements than those specified in the State Minimum Building Codes by following the procedural requirements of that section....
...5 Therefore, it is my opinion that a more stringent standard for wind resistance may be adopted by a local government for use in designing one and two family dwellings if the standard imposes more stringent requirements than those specified in Section 1606 of the Standard Building Code and the procedural requirements of section 553.73 (4), Florida Statutes, are followed....
...553.77 (1)(a) and (d), Fla. Stat., authorizing the Board of Building Codes and Standards to adopt rules and regulations and to issue opinions relating to the interpretation, enforcement or modification by local governments of the State Minimum Building Codes. 2 Section 553.73 (1)(a), Fla. Stat. 3 Id . 4 Rule 9B-3.047 (1)(f), Fla. Admin. Code. And see , s. 553.73 (3), Fla....
...the act; and Op. Att'y Gen. Fla. 96-37 (1996) in which this office concluded that Dade County and other charter counties have the authority to adopt more stringent regulations than those set forth in the State Minimum Building Codes as authorized by s. 553.73 , Fla....
...Stat., providing that the State Minimum Building Codes, after the effective date of their adoption, shall supersede all other building construction codes or ordinances in the state unless such building construction codes or ordinances are more stringent than the State Minimum Building Codes and the conditions of s. 553.73 (4), Fla....
...Stat., which provides that "[t]he State Minimum Building Codes, after the effective date of their adoption pursuant to the provisions of this part, may be modified by local governments to require more stringent standards than those specified in the State Minimum Building Codes, provided the conditions of s. 553.73 (4) are met." (e.s.)
...ut there are no significant differences pertinent to this case in the versions immediately before or after 2002. [2] Prior versions of section 553.84 referred to the State Minimum Building Codes. See, e.g., § 553.84, Fla. Stat. (1999-2000). [3] See § 553.73(8) (listing certain buildings, structures, and facilities that are exempt from the building code, such as federal government buildings, railroad facilities, nonresidential farm buildings, temporary structures for movie and TV production, and Miccosukee or Seminole Tribe chickees). [4] In fact, section 553.73(2) states in pertinent part: Technical provisions to be contained within the Florida Building Code are restricted to requirements related to the types of materials used and construction methods and standards employed in order to meet criteria specified in the Florida Building Code....
...3 The statute provides exceptions from such regulation for non-residential farm buildings on farms, temporary buildings or sheds used for construction purposes, mobile homes used as temporary offices. In light of the specific exemptions set forth in s. 553.73 , F.S., relating to applicability, no other exemptions may be implied....
...553.80 , F.S., states, in part, that: It shall be the responsibility of each local government, each legally constituted enforcement district, and each state agency with statutory authority to regulate building construction to enforce the building code adopted by such body in accordance with s. 553.73 , unless such responsibility has been delegated to another unit of government pursuant to s....
...Johns County is not authorized to delegate its enforcement authority for county building codes to the St. Augustine-St. Johns County Airport Authority for construction projects undertaken on airport authority property. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 Section 553.73 (6), F.S. 2 Section 553.73 (7), F.S. 3 Section 553.73 (7), F.S....
...mum building and construction code for all municipalities and unincorporated areas of Broward County. Subsequent general law, Part VI of Ch. 553 , F.S., requires all local governments to adopt a building code to cover all types of construction. See, s. 553.73 (1)(a) and (5); AGO's 86-60 and 86-81. Section 553.73 , F.S., as amended by Ch....
.... . * * * (8) The fire safety standards as enumerated in the State Minimum Building Codes adopted pursuant to this section shall not be superseded or supplemented except as enumerated in subsection (3) and s. 633.05(8). (e.s.) The 1986 amendment to s. 553.73 , emphasized above, expressly provides that the fire safety standards of a locally adopted building code, such as the South Florida Building Code (see, Ch. 51 of the South Florida Building Code, Broward County ed., hereinafter "SFBC") shall not be superseded or supplemented except as enumerated or provided in subsection (3) of s. 553.73 and s....
...deal Farms Drainage District v. Certain Lands, 19 So.2d 234 (Fla. 1944) (where statute contains specific exclusions or exceptions, no others may be inferred); Biddle v. State Beverage Department, 187 So.2d 65 (4 D.C.A. Fla., 1966). The provisions of s. 553.73 , F.S., as amended, appear to be applicable to Broward County....
...553 is, by operation of law, made a supplementary part of and is incorporated by reference into the building code in effect in Broward County, i.e., the SFBC. Accordingly, the provisions of Part VI of Ch. 553 fully apply within Broward County, specifically s. 553.73 , F.S., as amended. As noted above, s. 553.73 , F.S., as amended, states that the fire safety standards, as enumerated in the State Minimum Building Codes which are adopted pursuant to that section, shall not be superseded or supplemented except as enumerated in subsection (3) of s. 553.73 and s. 633.05(8), F.S. Section 553.73 allows local governments and "state agencies with building construction regulation responsibilities" (e.s.) to provide for more stringent requirements than those specified in the State Minimum Building Codes under certain conditions....
...research of the legislative history failed to reveal any evidence of legislative intent which would clarify this issue; nor does it appear that the parameters of this provision have been judicially determined. However, pursuant to subsection (2) of s. 553.73 , supra, "[e]ach local government and state agency with building construction regulation responsibilities shall adopt one of the State Minimum Building Codes as its building code. . . ." (e.s.) I am advised that the State Fire Marshal has not adopted such a code. See also, s. 553.73 (1)(a), F.S., which requires local governments and state agencies with building construction regulation responsibilities to adopt a building code which shall cover all types of construction; such code shall include the provisions of Parts I-VII, Ch. 553 , F.S., relating to plumbing, electrical requirements, glass, manufactured buildings, accessibility by handicapped persons and thermal efficiency. And see, s. 553.73 (5), F.S., stating, inter alia, that it shall be the responsibility of each state agency with statutory authority to regulate building construction to enforce the specific model code of the State Minimum Building Codes adopted by that agency in accordance with s....
....", I cannot state that the grant of a power to regulate a specifically defined, limited aspect of construction is sufficient to place the *2190 State Fire Marshal under the broad rubric "state agency with building construction regulation responsibilities," especially in light of the provisions of s. 553.73 , supra, setting forth the responsibilities and duties of such state agencies with building construction regulation responsibilities....
...ent of General Services. Accordingly, in the absence of legislative or judicial clarification, I am unable to conclude that the State Fire Marshal is a "state agency with building construction regulation responsibilities" within the contemplation of s. 553.73 ; however, the Legislature may wish to consider reviewing the foregoing provisions to clarify its intent....
...s of any of the state minimum building codes, i.e., the SFBC. See, AGO 86-81. However, no provision is made for the minimum fire safety standards to do so. Therefore, in view of the above construction of the express language of the 1986 amendment to s. 553.73 (8), it appears that the fire safety standards of the South Florida Building Code cannot be superseded, displaced or supplemented by the "minimum fire safety standards" of Ch....
...This conclusion is supported by the legislative history of Ch. 86-191, Laws of Florida. See, tape of meeting of the Florida House of Representatives Committee on Natural Resources, June 5, 1986. In summary, it is my opinion that, in view of the 1986 amendment to s. 553.73 (8), F.S., the fire safety standards enumerated in the South Florida Building Code (1983 ed., with accumulated 1984 amendments) cannot be superseded or supplemented by the "minimum fire safety standards" adopted in Ch....
...ings and duplexes and other specified residential occupancies is preempted to the state. Pursuant to s 166.021 (3)(c), F.S., a municipality is precluded from enacting legislation on any subject expressly preempted to state government by general law. Section 553.73 (1)(a), F.S., mandates the adoption by local governments of a building code which shall cover all types of construction. The provisions of Part V, Ch. 553 , F.S., relating to accessibility by handicapped persons must be included in such building code. Section 553.73 (1)(a), F.S....
...tify more stringent requirements than those specified therein, for the protection of life and property; and (b) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities. Section 553.73 (3)(a)-(b), F.S. See also, s 553.79 (4), F.S. Each municipality is responsible for enforcing the specific model code of the State Minimum Building Codes which has been adopted by that municipality. Section 553.73 (5), F.S....
...whether at the local or state level and whether adopted by administrative regulation or by legislative enactment unless such building construction codes or ordinances are more stringent than the State Minimum Building Codes and the requirements of s 553.73 (3), F.S. (as set forth above) are met. While the language of Part V, Ch. 553 , F.S., does not expressly prohibit the adoption and enforcement by a municipality of an ordinance increasing minimum door widths in buildings subject to the act (see, ss 553.73 [3] and 553.79 [3], F.S.), in the absence of a finding of those factors set forth in s 553.73 (3), F.S., the State Minimum Building Codes (including the provisions of Part V) shall supersede all other building construction codes or ordinances and shall be enforced by local governmental entities. Therefore, unless those factors outlined in s 553.73 (3), F.S., are present, the provisions of the State Minimum Building Codes preempt any other such regulation....
...ally handicapped at such habitable grade levels. Section 553.48(3)(b), F.S. As expressly stated in s 553.48(3), F.S., the exceptions discussed herein apply to the accessibility features required of new buildings under this section and, pursuant to s 553.73 (1)(a), F.S., shall be included in the building code to be adopted by local governmental entities. In sum, the exemptions of s 553.48(3), F.S., for certain residential occupancies and buildings and for single-family dwellings and duplexes would be required, by s 553.73 (1)(a), F.S., to be incorporated into the building code adopted by a municipality and, as such buildings and occupancies are specifically exempted, may not be regulated otherwise by municipalities....
...ially determined otherwise, that to the extent that they are not exempted by s 553.48(3), F.S., buildings and residences may be more stringently regulated than is provided in Part V, Ch. 553 , F.S., upon a determination that the factors set out in s 553.73 (3), F.S., are met....
...Legislative failure to adopt the State Minimum Building Codes prior to January 1, 1977, as specified by s. 553.78(7), F. S., does not operate to repeal or otherwise terminate the existence of the Interim State Building Code as created and established by s. 553.73 (2), F. S. Until determined otherwise by definitive legislative action, the Interim State Building Code remains in legal existence, is of full force and effect, and must be enforced as required by ss. 553.73 (5) and 553.80 , F....
...ereinafter referred to as the "department," by Ch. 74-167, Laws of Florida. The general and specific powers and duties of the board and the department material to this opinion are set forth in ss. 553.75 , 553.76 , and 553.77 , F. S., as well as in ss. 553.73 (4) and (6), 553.74 (3), 553.81, and 553.83 , F....
...I am further of the opinion that, to whatever extent it is possible in the absence of such funding as discussed above, for the board or the department to discharge their respective statutory duties and functions and exercise their powers conferred by law (see ss. 553.73 (4) and (6); 553.75 (2) and (3); 553.76 ; 553.77 (1), (2), and (3); 553.81(1) and (2); and 553.83 , F....
...State, supra; State ex rel. Biscayne Kennel Club v. Board of Business Regulation of State, 276 So.2d 823 (Fla. 1973); State ex rel. Corbett v. Churchwell, 215 So.2d 302 (Fla. 1968); State ex rel. Utilities Operating Co. v. Mason, 172 So.2d 225 (Fla. 1964). AS TO QUESTION 3: Section 553.73 (2), F. S., created the Interim State Building Code, consisting of the construction requirements set forth in any of the nationally recognized model codes designated therein, and, pursuant to s. 553.73 (5), F....
...Minimum Building Codes and condition precedent concerning the effective or operative date of the State Minimum Building Codes has not occurred, and therefore s. 553.79 (3), F. S., has no operative force on the Interim State Building Code created by s. 553.73 (2), F....
...to effect any modification or repeal of existing statutes or to effect any substantive changes in subsistent laws. Department of Administration v. Horne, supra. No repugnancy such as is required to impliedly repeal the Interim State Building Code or s. 553.73 , F....
...Interim State Building Code and s. 553.78(7), F. S., does not provide a termination or expiration date for the Interim Code, the Interim State Building Code continues in existence, is of full force and effect, and must be enforced as prescribed by ss. 553.73 (5) and 553.80 , F....
with six or more persons. I would note that section 553.73(9), Florida Statutes, exempts specific buildings
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
