Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building...

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Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 BUILDING CONSTRUCTION STANDARDS PART I PLUMBING (ss. 553.01-553.14) PART II ELECTRICAL CODE (ss. 553.15-553.23) PART III GLASS (ss. 553.24-553.28) PART IV FACTORY-BUILT HOUSING (ss. 553.35-553.42) PART V ACCESSIBILITY BY HANDICAPPED PERSONS (ss. 553.45-553.49) PART VI STATE MINIMUM BUILDING CODES (ss. 553.70-553.895) PART VII THERMAL EFFICIENCY STANDARDS (ss. 553.900-553.912) 553.01 553.02 553.03 553.04 553.041 553.05 553.06 553.07 553.08 553.09 553.10 553.11 553.12 553.13 553.14 PART I PLUMBING Short title. Purpose. Definitions. Bond of plumbing contractor; requisites; form. Exemptions. County plumbing inspectors; employment, qualifications, duties; exemption of cer- tain municipalities and districts. State Plumbing Code adopted. Plumbing permits; inspection fee, amount, disposition; exception. Inspectors for municipalities, service or sanitary districts; permits; inspection fee, amount. Advisory council for uniform interpreta- tion of plumbing code; members, terms. Penalty for violations. Construction, limitation of this part. Counties excepted from this part. Counties exempt from provisions of chap- ter 28181, Laws of Florida, 1953. Water closets, maximum quantity of water per flush; shower heads and faucets, maximum flow rate; exceptions; penalty. 553.01 Short title.-Part I of this chapter shall be known by the title of "Florida Plumbing Control Act of 1951." History.-s. 1, ch. 26904, 1951. 553.02 Purpose.-The purpose of this part is to promote the public health and safety in this state by the regulation of plumbing contractors and plumb- ing. History.-s. 1, ch. 26904, 1951. 553.03 Definitions.-For the purpose of this part, the following terms, when used in this part or the rules and regulations, or orders made pursuant thereto, shall be construed, respectively to mean: (1) A "plumbing contractor" is any person, except an employee of a licensed, bonded plumbing contrac- tor, who is engaged in or working at the business of plumbing in the state who has furnished the neces- sary bond that he will do all plumbing in this state in compliance with the minimum requirements of the State Plumbing Code and who obtains a state and county occupational license and any other license, when required, to engage in or work at the business of plumbing. (2) "Plumbing" is the practice, materials, and fix- tures used in the installation, maintenance, exten- sion, and alteration of all piping fixtures, appliances, and appurtenances in connection with any of the fol- lowing: Sanitary drainage or storm drainage facilities, the venting system, and the public or private wa- ter-supply systems, within or adjacent to any build- ing, structure, or conveyance; also the practice and materials used in the installation, maintenance, ex- tension, or alteration of the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. (3) "Plumbing fixtures" are installed receptacles, devices, or appliances which are supplied with water or which receive or discharge liquids or other liq- uid-borne water, with or without discharge, into the drainage system with which they may be directly or indirectly connected. (4) "Minor maintenance" is those repairs involv- ing only the working parts of a faucet or valve, the clearance of stoppage, repairing of leaks, or replace- ment of defective faucets or valves. History.-s. 2, ch. 26904, 1951. 553.04 Bond of plumbing contractor; requi- sites; form.- (1) Any person, except an employee of a licensed, bonded plumbing contractor, who desires to engage in or work at the business of plumbing in counties in the state that have, through their boards of county commissioners, elected to place said counties under the operation of this part, shall, before engaging or working at the business of plumbing in said counties, give bond in the sum of $5,000, payable to the Gover- nor of the state and his successors in office with two 1648

Transcript of Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building...

Page 1: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS 1983

CHAPTER 553

BUILDING CONSTRUCTION STANDARDS

PART I PLUMBING (ss 55301-55314)

PART II ELECTRICAL CODE (ss 55315-55323)

PART III GLASS (ss 55324-55328)

PART IV FACTORY-BUILT HOUSING (ss 55335-55342)

PART V ACCESSIBILITY BY HANDICAPPED PERSONS (ss 55345-55349)

PART VI STATE MINIMUM BUILDING CODES (ss 55370-553895)

PART VII THERMAL EFFICIENCY STANDARDS (ss 553900-553912)

55301 55302 55303 55304

553041 55305

55306 55307

55308

55309

55310 55311 55312 55313

55314

PART I

PLUMBING

Short title Purpose Definitions Bond of plumbing contractor requisites

form Exemptions County plumbing inspectors employment

qualifications duties exemption of cershytain municipalities and districts

State Plumbing Code adopted Plumbing permits inspection fee amount

disposition exception Inspectors for municipalities service or

sanitary districts permits inspection fee amount

Advisory council for uniform interpreta-tion of plumbing code members terms

Penalty for violations Construction limitation of this part Counties excepted from this part Counties exempt from provisions of chap-

ter 28181 Laws of Florida 1953 Water closets maximum quantity of water

per flush shower heads and faucets maximum flow rate exceptions penalty

55301 Short title-Part I of this chapter shall be known by the title of Florida Plumbing Control Act of 1951

History-s 1 ch 26904 1951

55302 Purpose-The purpose of this part is to promote the public health and safety in this state by the regulation of plumbing contractors and plumbshying

History-s 1 ch 26904 1951

55303 Definitions-For the purpose of this part the following terms when used in this part or the rules and regulations or orders made pursuant thereto shall be construed respectively to mean

(1) A plumbing contractor is any person except an employee of a licensed bonded plumbing contracshytor who is engaged in or working at the business of plumbing in the state who has furnished the necesshysary bond that he will do all plumbing in this state in compliance with the minimum requirements of the State Plumbing Code and who obtains a state and county occupational license and any other license when required to engage in or work at the business of plumbing

(2) Plumbing is the practice materials and fixshytures used in the installation maintenance extenshysion and alteration of all piping fixtures appliances and appurtenances in connection with any of the folshylowing Sanitary drainage or storm drainage facilities the venting system and the public or private washyter-supply systems within or adjacent to any buildshying structure or conveyance also the practice and materials used in the installation maintenance exshytension or alteration of the storm water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal

(3) Plumbing fixtures are installed receptacles devices or appliances which are supplied with water or which receive or discharge liquids or other liqshyuid-borne water with or without discharge into the drainage system with which they may be directly or indirectly connected

(4) Minor maintenance is those repairs involvshying only the working parts of a faucet or valve the clearance of stoppage repairing of leaks or replaceshyment of defective faucets or valves

History-s 2 ch 26904 1951

55304 Bond of plumbing contractor requishysites form-

(1) Any person except an employee of a licensed bonded plumbing contractor who desires to engage in or work at the business of plumbing in counties in the state that have through their boards of county commissioners elected to place said counties under the operation of this part shall before engaging or working at the business of plumbing in said counties give bond in the sum of $5000 payable to the Govershynor of the state and his successors in office with two

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or more good and sufficient sureties to be approved by the board of county commissioners of the county in which the said person intends to engage or work as a plumbing contractor and to be filed with the clerk of the circuit court of the county in which the said person intends to so engage or work which said bond shall be conditioned upon the said person complying with the minimum requirements of the State Plumbshying Code in regards to all plumbing done by said pershyson in this state Upon said plumbing contractor obshytaining said bond and filing said bond with the clerk of circuit court as aforesaid the said plumbing conshytractor is thereby entitled to have issued to him by the said clerk of circuit court a certificate to the efshyfect that said bond has been filed by said plumbing contractor in said county Said certificate shall be acshycepted in lieu of bond by other counties in which said plumbing contractor may desire to work

(2) The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state

(3) The form of said bond shall be substantially as follows

(a) Know all men by these presents that we __ (hereinafter called the principal) and __ a corporation duly qualified and authorized under the laws of the State of Florida to act as surety on bonds (hereinafter called the Surety) are held and firmly bound unto __ Governor of the State of Florida and his successors in office in the penal sum of $5000 lawful money of the United States of Amerishyca the true payment whereof well and truly to be made we do bind ourselves our respective heirs exshyecutors administrators successors and assigns jointly and severally firmly by this bond

(b) The condition of this bond is that if the above bonded principal the said __ shall protect the State of Florida against all loss or damage occasioned by the negligence of the said principal herein in failshying to properly execute and protect all plumbing done by said principal or the employees of said prinshycipal or under the direction and supervision of said principal and from all loss or damage occasioned by or arising in any manner from any such work done by said principal or the employees of said principal or under the direction or supervision of said principal which is not caused by the negligence of the State of Florida or its agents or employees or by the neglishygence of the agents or employees of the county in which such plumbing is performed or by the neglishygence of the employees of the city in which such plumbing is performed and further will keep and obshyserve all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done which relate in any way to plumbshying and shall do all the plumbing in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done remedy any defects in said work due to faulty material furnished or used by said principal and shall further reconshystruct and repair any such defective plumbing work or material to the satisfaction of the county plumbing inspector of the county where such plumbing is done or to the satisfaction of the city plumbing inspector

where such plumbing is done in cities of 7 500 or more population or to the satisfaction of the city or district plumbing inspector where such plumbing is done in cities and towns of less than 7 500 population or legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners at any time within 1 year after the construcshytion alteration or installation thereof by said princishypal or under his direction or supervision and within 48 hours after notice from the county plumbing inshyspector or the city plumbing inspector or the district plumbing inspector to reconstruct or repair same then this obligation shall become null and void else to remain in full force and effect

(c) Any failure or default on the part of the prinshycipal in remedying any defects in plumbing due to faulty workmanship and incorrect construction or due to faulty material furnished or used by principal shall give the person for whom such work is pershyformed a direct right of action against the principal and surety under this obligation provided however that no suit action or proceeding by reason of any default whatever shall be brought on this bond after 1 year from the date of the final completion of such plumbing by the principal for such third person

(d) The premium anniversary date of this bond shall be on October 1 of each year the first annivershysary being October 1 1951 Signed sealed and delivered in the presence of

As to the Principal

As to the Surety

Approved

Clerk of Board of County Commissioners of __ County

ltPrincipal (SEAL)

_(SEAL)

By (Attorney in fact)

History-s 3 ch 26904 1951 s 1 ch 28181 1953 s 1 ch 28252 1953

553041 Exemptions-No person desiring to engage in or work as a plumbing contractor in the state in any county in which the board of county commissioners shall not have employed a plumbing inspector as provided in s 55305 shall be required to give bond as required by the provisions of s 55304 before engaging in or working as a plumbing contracshytor anything in the provisions of this part to the conshytrary notwithstanding

History-bull 1 ch 28038 1953

55305 County plumbing inspectors employshyment qualifications duties exemption of cershytain municipalities and districts-

(1) Each county in this state acting through its board of county commissioners may at the discretion of said board of county commissioners employ one or more plumbing inspectors to inspect all plumbing in-

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stalled within such county except within the corposhyrate limits of cities of 7500 or more population Each said plumbing inspector as aforesaid must be a pracshytical plumber of not less than 10 years experience and shall not be connected with the plumbing busishyness in any manner after such employment The said plumbing inspector shall be under the direct supervishysion of the board of county commissioners and his salary shall be determined by said board In counties having county health units it would be desirable to have inspector work in cooperation with such units The said plumbing inspector shall be qualified to perform duties in matters pertaining to the gathering of evidence in any violation of the provisions of this part swearing out warrants appearing before courts in prosecution and any other matters pertaining to the enforcement of the provisions of this part but said inspector shall not be entitled to receive any witshyness or other fees out of the fine and forfeiture fund of any county on account of his testifying as a witness or any other services rendered by him under this part It shall be the duty of the plumbing inspector to inspect plumbing in his county with respect to mode of installation materials used workmanship emshyployed State Plumbing Code specifications met and testing used all to comply with and conform with the minimum requirements of the State Plumbing Code and the laws of the state in regard to plumbing Each said county acting through its board of county comshymissioners may exempt from county plumbing inshyspection cities and towns of less than 7500 populashytion and legislatively created governing service or sanitary districts which said cities and towns and districts have in existence or which enact plumbing code ordinances meeting or surpassing the minimum requirements for plumbing as set out in State Plumbshying Code and which hire only plumbing inspectors who meet the minimum requirements and qualificashytions as hereinabove set out for county plumbing inshyspectors and which said cities and towns and districts conduct inspections complying with the minimum state requirements

(2) Two or more counties may jointly hire one or more plumbing inspectors to act as inspectors or inshyspector for such counties jointly hiring such inspector or inspectors

(3) It shall be the duty of the plumbing inspecshytors in cities of 7500 or more population and also in cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners to inspect plumbing in their respective corshyporate limits with respect to mode of installation materials used workmanship employed State Plumbing Code specifications met and testing used all to comply with the minimum requirements of the State Plumbing Code and the laws of the state and the ordinances of the particular municipality or disshytrict in regard to plumbing Cities of 7500 or more population and also cities of less than 7500 populashytion and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners are hereby authorized to use their own inspection system provided the said cities and

towns and districts comply with the minimum reshyquirements of the State Plumbing Code Nothing herein shall prohibit such cities and towns and legisshylatively created governing service or sanitary disshytricts from enacting more stringent requirements in regard to plumbing and inspection than are set out in this part

(4) If the board of county commissioners of any county so desires it may designate a qualified city or governing service or sanitary district plumbing inshyspector as its county plumbing inspector

History-ss 5 7 ch 26904 1951 s 1 ch 28181 1953

55306 State Plumbing Code adopted -Chapter VIII of the Florida State Sanitary Code of the Department of Health and Rehabilitative Sershyvices adopted in accordance with chapter 381 is hereby adopted as the State Plumbing Code and all installations repairs and alterations to plumbing shall from October 1 1951 be performed in accordshyance with its provisions At least three copies of said Chapter VIII of the Florida State Sanitary Code shall be kept on file at the board of county commissioners in each said county of the state and shall be marked with the words County of __ official copy

History-s 6 ch 26904 1951 ss 19 35 ch 69-106 s 451 ch 77-147

55307 Plumbing permits inspection fee amount disposition exception-The board of county commissioners of each county except within the corporate limits of cities of 7 500 or more populashytion and also except within the corporate limits of cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners may charge and collect a reasonable fee for the cost of inspection which fee shall not be less than $150 for each plumbing permit issued for each buildshying and $1 for each fixture up to and including the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbshying work in such county The said permit shall be isshysued in triplicate the original going to the plumbing contractor one copy to be retained by the issuing ofshyficer who should be the plumbing inspector in the county and one copy to be filed in the records of the county depositor All such fees shall be paid at the time of the application for a permit to do such work and prior to the installation of any plumbing materishyal and all such fees collected under this part shall be deposited by the plumbing inspector in the county depository and shall be used for the inspection of plumbing and the enforcement of this part in such county

History-s 7 ch 26904 1951 s 1 ch 28181 1953

55308 Inspectors for municipalities service or sanitary districts permits inspection fee amount-Cities of 7500 or more population and also cities and towns of less than 7500 population and legislatively created governing service or sanishytary districts which have been exempted from county plumbing inspection by the board of county commisshysioners shall employ one or more plumbing inspecshytors to inspect plumbing within the corporate limits

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FS 1983 BUILDING CONSTRUCTION STANDARDS Ch 553

of said city or district and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections which fee shall not be less than $150 for each plumbing installation permit issued for each building and $1 for each fixture up to and inshycluding the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbing to be performed within the corporate limits of such cities or districts all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbing materishyal All fees collected under this part by the cities and districts shall be used for the inspection of plumbing and the enforcement of this part in such cities and districts

History-s 8 ch 26904 1951 s 1 ch 28181 1953

155309 Advisory council for uniform intershypretation of plumbing code members terms -As an aid to uniform interpretation of the State Plumbing Code a voluntary advisory council may be organized immediately after October 1 1951 This advisory council shall be composed of three members one of whom shall be selected by the plumbing inshyspectors in this state one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the Division of Health The members of the said council shall serve terms in the following manner The first person selected by the said Division of Health shall serve on said counshycil for a period of 3 years the first person selected by the said plumbing inspectors shall serve on said council for a period of 2 years and the first person selected by said plumbing contractors shall serve on said council for a period of 1 year all persons who shall thereafter serve on said council shall serve for a period of 3 years The members of said council shall serve without pay unless their respective organizashytions which selected them shall see fit to reimburse them for their time and expenses incurred while servshying on said council The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the State Plumbing Code The construction and inshyterpretation of the said State Plumbing Code as givshyen by the said council shall be given great weight by the said plumbing inspectors of this state

History-s 11 ch 26904 1951 ss 19 35 ch 69-106 s 1 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1989 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

Note-Section 3 ch 75-48 abolished the Division of Health of the Departshyment of Health and Rehabilitative Services and assigned its functions to the deshypartment

55310 Penalty for violations-Any person vishyolating any provisions of this part shall upon convicshytion of each violation thereof be guilty of a misdeshymeanor of the second degree punishable as provided ins 775082 ors 775083

History-s 12 ch 26904 1951 s 549 ch 71-136

55311 Construction limitation of this part

part shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties

(2) The provisions of this part shall not apply to minor maintenance or repairs of plumbing fixtures by persons firms or corporations upon their own property provided the minimum requirements of the State Plumbing Code are observed

(3) The provisions of this part shall not be conshystrued as being in conflict with chapter 469 relating to plumbers

(4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence

History-ss 4 9 10 14 ch 26904 1951 ss 19 35 ch 69-106 s 11 ch 79-12

55312 Counties excepted from this part -The provisions of this part shall not apply to

(1) Any county having a population of less than 26000 according to the last official census

(2) Any county having a population according to the last official census of not less than 50000 nor more than 52000

(3) Counties having a population of more than 70000 and less than 74200 according to the latest ofshyficial decennial census

(4) Counties having a population according to the last official census of not less than 80000 and not more than 90000

History-ss 2 5 14 ch 26904 1951 s 1 ch 29976 1955 s 1 ch 61-44 s l ch 69-320 cf-s 11031 Official census

55313 Counties exempt from provisions of chapter 28181 Laws of Florida 1953-The proshyvisions of chapter 28181 acts of 1953 shall not apply to any county which is excepted from the provisions of this part in s 55312 The provisions of chapter 28181 acts of 1953 shall not apply to the Counties of Madison Taylor Jefferson Alachua Lake Bradford Union Levy Dixie Gilchrist Columbia Baker Clay Gulf Calhoun Washington Wakulla Franklin Libshyerty Santa Rosa Walton Holmes St Johns Flagler Hardee Glades DeSoto Highlands Sumter Citrus Hernando Hamilton Marion Suwannee and Lafayshyette

History-s 2 ch 28181 1953 s l ch 57-1993 s 2 ch 69-320

55314 Water closets maximum quantity of water per flush shower heads and faucets maximum flow rate exceptions penalty-

(1) This section may be cited as the Water Conshyservation Act

(2)(a) After September 1 1983 no new building shall be constructed which

1 Employs a tank-type water closet having a tank capacity in excess of 3 V2 gallons of water or

2 Employs a shower head or faucet that allows a flow of more than an average of 3 gallons of water per minute at 60 pounds of pressure per square inch

(b) The requirements of paragraph (a) apply to (1) Nothing herein contained shall limit or repeal an addition to or a renovation of an existing building

the authority of the Department of Health and Reha- only if the cost of the addition or renovation exceeds bilitative Services as granted by law however this 25 percent of the value of the existing building and

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

compliance with the requirements of this section will not require substantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this secshytion the installation of tank-type water closets havshying a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reduces average water consumption to no more than 312 gallons per flush

(3) Any official board department or agency esshytablished and authorized by the state or by a county city or other political subdivision created by law to administer and enforce the provisions of the plumbshying codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 3 V2 gallons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

History-ss I 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereshyafter in part II of this chapter it is referred to as this code

History-s I ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum stanshydards regulations and requirements for safe and stashyble design methods of construction and uses of mashyterials in electrical wiring apparatus or equipment used for light heat or power which will afford reashysonable protection for public safety health and genshyeral welfare

History-s 2 ch 70-332

55317 Application-This code shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both prishyvate and public and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings

History -s 3 ch 70-332

55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protecshytion of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce addishytional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or administrative procedures and requireshyments are in conformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as reshypealing or superseding provisions of electrical codes legally in use by any municipality or county when such provisions are not inferior to those set forth in this code

History-s 4 ch 70-332

55319 Adoption of electrical standards -For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1981 NFPA No 70-1981 with exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1980 and UL 153-1981

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1980

(4) The provisions of the following codes which provisions prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 56B-1976 Respiratory Therapy 1976

(c) NFPA No 56C-1976 Laboratories in Health-related Institutions 1976

(d) NFPA No 56D-1976 Hyperbaric Facilities (e) NFPA No 56F-1977 Nonflammable Medical

Gas Systems 1977 (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Sershyvices entitled Nursing Homes and Related Facilities Licensure

(6) The minimum standards for grounding of portable electric equipment chapter 8C-27 as recomshymended by the Industrial Standards Section Divishysion of Workers Compensation Department of Lashybor and Employment Security

(7) NFPA No 76A-1977 Essential Electrical Systems for Health Care Facilities 1977

History-s 5 ch 70-332 s I ch 72-292 s I ch 73-283 s I ch 75-55 s 452 ch 77-147 s I ch 77-174 s I ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s I ch 82-15

55320 State county and municipal responshysibility-lt is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

History -s 6 ch 70-332

55321 Enforcement districts-Any county or municipality or any two or more counties or municishypalities or any combination thereof may be created into an enforcement district for the purpose of enshyforcing and administering the provisions of this code

History -s 7 ch 70-332

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

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Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 2: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

or more good and sufficient sureties to be approved by the board of county commissioners of the county in which the said person intends to engage or work as a plumbing contractor and to be filed with the clerk of the circuit court of the county in which the said person intends to so engage or work which said bond shall be conditioned upon the said person complying with the minimum requirements of the State Plumbshying Code in regards to all plumbing done by said pershyson in this state Upon said plumbing contractor obshytaining said bond and filing said bond with the clerk of circuit court as aforesaid the said plumbing conshytractor is thereby entitled to have issued to him by the said clerk of circuit court a certificate to the efshyfect that said bond has been filed by said plumbing contractor in said county Said certificate shall be acshycepted in lieu of bond by other counties in which said plumbing contractor may desire to work

(2) The requisite of two sureties and justification of same shall not apply where surety is by a solvent surety company authorized to do business in this state

(3) The form of said bond shall be substantially as follows

(a) Know all men by these presents that we __ (hereinafter called the principal) and __ a corporation duly qualified and authorized under the laws of the State of Florida to act as surety on bonds (hereinafter called the Surety) are held and firmly bound unto __ Governor of the State of Florida and his successors in office in the penal sum of $5000 lawful money of the United States of Amerishyca the true payment whereof well and truly to be made we do bind ourselves our respective heirs exshyecutors administrators successors and assigns jointly and severally firmly by this bond

(b) The condition of this bond is that if the above bonded principal the said __ shall protect the State of Florida against all loss or damage occasioned by the negligence of the said principal herein in failshying to properly execute and protect all plumbing done by said principal or the employees of said prinshycipal or under the direction and supervision of said principal and from all loss or damage occasioned by or arising in any manner from any such work done by said principal or the employees of said principal or under the direction or supervision of said principal which is not caused by the negligence of the State of Florida or its agents or employees or by the neglishygence of the agents or employees of the county in which such plumbing is performed or by the neglishygence of the employees of the city in which such plumbing is performed and further will keep and obshyserve all laws of the State of Florida relating in any way to plumbing and all local ordinances where such plumbing is done which relate in any way to plumbshying and shall do all the plumbing in compliance with the minimum requirements of the State Plumbing Code and shall further without additional cost to the person for whom the plumbing is done remedy any defects in said work due to faulty material furnished or used by said principal and shall further reconshystruct and repair any such defective plumbing work or material to the satisfaction of the county plumbing inspector of the county where such plumbing is done or to the satisfaction of the city plumbing inspector

where such plumbing is done in cities of 7 500 or more population or to the satisfaction of the city or district plumbing inspector where such plumbing is done in cities and towns of less than 7 500 population or legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners at any time within 1 year after the construcshytion alteration or installation thereof by said princishypal or under his direction or supervision and within 48 hours after notice from the county plumbing inshyspector or the city plumbing inspector or the district plumbing inspector to reconstruct or repair same then this obligation shall become null and void else to remain in full force and effect

(c) Any failure or default on the part of the prinshycipal in remedying any defects in plumbing due to faulty workmanship and incorrect construction or due to faulty material furnished or used by principal shall give the person for whom such work is pershyformed a direct right of action against the principal and surety under this obligation provided however that no suit action or proceeding by reason of any default whatever shall be brought on this bond after 1 year from the date of the final completion of such plumbing by the principal for such third person

(d) The premium anniversary date of this bond shall be on October 1 of each year the first annivershysary being October 1 1951 Signed sealed and delivered in the presence of

As to the Principal

As to the Surety

Approved

Clerk of Board of County Commissioners of __ County

ltPrincipal (SEAL)

_(SEAL)

By (Attorney in fact)

History-s 3 ch 26904 1951 s 1 ch 28181 1953 s 1 ch 28252 1953

553041 Exemptions-No person desiring to engage in or work as a plumbing contractor in the state in any county in which the board of county commissioners shall not have employed a plumbing inspector as provided in s 55305 shall be required to give bond as required by the provisions of s 55304 before engaging in or working as a plumbing contracshytor anything in the provisions of this part to the conshytrary notwithstanding

History-bull 1 ch 28038 1953

55305 County plumbing inspectors employshyment qualifications duties exemption of cershytain municipalities and districts-

(1) Each county in this state acting through its board of county commissioners may at the discretion of said board of county commissioners employ one or more plumbing inspectors to inspect all plumbing in-

1649

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS 1983

stalled within such county except within the corposhyrate limits of cities of 7500 or more population Each said plumbing inspector as aforesaid must be a pracshytical plumber of not less than 10 years experience and shall not be connected with the plumbing busishyness in any manner after such employment The said plumbing inspector shall be under the direct supervishysion of the board of county commissioners and his salary shall be determined by said board In counties having county health units it would be desirable to have inspector work in cooperation with such units The said plumbing inspector shall be qualified to perform duties in matters pertaining to the gathering of evidence in any violation of the provisions of this part swearing out warrants appearing before courts in prosecution and any other matters pertaining to the enforcement of the provisions of this part but said inspector shall not be entitled to receive any witshyness or other fees out of the fine and forfeiture fund of any county on account of his testifying as a witness or any other services rendered by him under this part It shall be the duty of the plumbing inspector to inspect plumbing in his county with respect to mode of installation materials used workmanship emshyployed State Plumbing Code specifications met and testing used all to comply with and conform with the minimum requirements of the State Plumbing Code and the laws of the state in regard to plumbing Each said county acting through its board of county comshymissioners may exempt from county plumbing inshyspection cities and towns of less than 7500 populashytion and legislatively created governing service or sanitary districts which said cities and towns and districts have in existence or which enact plumbing code ordinances meeting or surpassing the minimum requirements for plumbing as set out in State Plumbshying Code and which hire only plumbing inspectors who meet the minimum requirements and qualificashytions as hereinabove set out for county plumbing inshyspectors and which said cities and towns and districts conduct inspections complying with the minimum state requirements

(2) Two or more counties may jointly hire one or more plumbing inspectors to act as inspectors or inshyspector for such counties jointly hiring such inspector or inspectors

(3) It shall be the duty of the plumbing inspecshytors in cities of 7500 or more population and also in cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners to inspect plumbing in their respective corshyporate limits with respect to mode of installation materials used workmanship employed State Plumbing Code specifications met and testing used all to comply with the minimum requirements of the State Plumbing Code and the laws of the state and the ordinances of the particular municipality or disshytrict in regard to plumbing Cities of 7500 or more population and also cities of less than 7500 populashytion and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners are hereby authorized to use their own inspection system provided the said cities and

towns and districts comply with the minimum reshyquirements of the State Plumbing Code Nothing herein shall prohibit such cities and towns and legisshylatively created governing service or sanitary disshytricts from enacting more stringent requirements in regard to plumbing and inspection than are set out in this part

(4) If the board of county commissioners of any county so desires it may designate a qualified city or governing service or sanitary district plumbing inshyspector as its county plumbing inspector

History-ss 5 7 ch 26904 1951 s 1 ch 28181 1953

55306 State Plumbing Code adopted -Chapter VIII of the Florida State Sanitary Code of the Department of Health and Rehabilitative Sershyvices adopted in accordance with chapter 381 is hereby adopted as the State Plumbing Code and all installations repairs and alterations to plumbing shall from October 1 1951 be performed in accordshyance with its provisions At least three copies of said Chapter VIII of the Florida State Sanitary Code shall be kept on file at the board of county commissioners in each said county of the state and shall be marked with the words County of __ official copy

History-s 6 ch 26904 1951 ss 19 35 ch 69-106 s 451 ch 77-147

55307 Plumbing permits inspection fee amount disposition exception-The board of county commissioners of each county except within the corporate limits of cities of 7 500 or more populashytion and also except within the corporate limits of cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners may charge and collect a reasonable fee for the cost of inspection which fee shall not be less than $150 for each plumbing permit issued for each buildshying and $1 for each fixture up to and including the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbshying work in such county The said permit shall be isshysued in triplicate the original going to the plumbing contractor one copy to be retained by the issuing ofshyficer who should be the plumbing inspector in the county and one copy to be filed in the records of the county depositor All such fees shall be paid at the time of the application for a permit to do such work and prior to the installation of any plumbing materishyal and all such fees collected under this part shall be deposited by the plumbing inspector in the county depository and shall be used for the inspection of plumbing and the enforcement of this part in such county

History-s 7 ch 26904 1951 s 1 ch 28181 1953

55308 Inspectors for municipalities service or sanitary districts permits inspection fee amount-Cities of 7500 or more population and also cities and towns of less than 7500 population and legislatively created governing service or sanishytary districts which have been exempted from county plumbing inspection by the board of county commisshysioners shall employ one or more plumbing inspecshytors to inspect plumbing within the corporate limits

1650

FS 1983 BUILDING CONSTRUCTION STANDARDS Ch 553

of said city or district and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections which fee shall not be less than $150 for each plumbing installation permit issued for each building and $1 for each fixture up to and inshycluding the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbing to be performed within the corporate limits of such cities or districts all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbing materishyal All fees collected under this part by the cities and districts shall be used for the inspection of plumbing and the enforcement of this part in such cities and districts

History-s 8 ch 26904 1951 s 1 ch 28181 1953

155309 Advisory council for uniform intershypretation of plumbing code members terms -As an aid to uniform interpretation of the State Plumbing Code a voluntary advisory council may be organized immediately after October 1 1951 This advisory council shall be composed of three members one of whom shall be selected by the plumbing inshyspectors in this state one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the Division of Health The members of the said council shall serve terms in the following manner The first person selected by the said Division of Health shall serve on said counshycil for a period of 3 years the first person selected by the said plumbing inspectors shall serve on said council for a period of 2 years and the first person selected by said plumbing contractors shall serve on said council for a period of 1 year all persons who shall thereafter serve on said council shall serve for a period of 3 years The members of said council shall serve without pay unless their respective organizashytions which selected them shall see fit to reimburse them for their time and expenses incurred while servshying on said council The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the State Plumbing Code The construction and inshyterpretation of the said State Plumbing Code as givshyen by the said council shall be given great weight by the said plumbing inspectors of this state

History-s 11 ch 26904 1951 ss 19 35 ch 69-106 s 1 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1989 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

Note-Section 3 ch 75-48 abolished the Division of Health of the Departshyment of Health and Rehabilitative Services and assigned its functions to the deshypartment

55310 Penalty for violations-Any person vishyolating any provisions of this part shall upon convicshytion of each violation thereof be guilty of a misdeshymeanor of the second degree punishable as provided ins 775082 ors 775083

History-s 12 ch 26904 1951 s 549 ch 71-136

55311 Construction limitation of this part

part shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties

(2) The provisions of this part shall not apply to minor maintenance or repairs of plumbing fixtures by persons firms or corporations upon their own property provided the minimum requirements of the State Plumbing Code are observed

(3) The provisions of this part shall not be conshystrued as being in conflict with chapter 469 relating to plumbers

(4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence

History-ss 4 9 10 14 ch 26904 1951 ss 19 35 ch 69-106 s 11 ch 79-12

55312 Counties excepted from this part -The provisions of this part shall not apply to

(1) Any county having a population of less than 26000 according to the last official census

(2) Any county having a population according to the last official census of not less than 50000 nor more than 52000

(3) Counties having a population of more than 70000 and less than 74200 according to the latest ofshyficial decennial census

(4) Counties having a population according to the last official census of not less than 80000 and not more than 90000

History-ss 2 5 14 ch 26904 1951 s 1 ch 29976 1955 s 1 ch 61-44 s l ch 69-320 cf-s 11031 Official census

55313 Counties exempt from provisions of chapter 28181 Laws of Florida 1953-The proshyvisions of chapter 28181 acts of 1953 shall not apply to any county which is excepted from the provisions of this part in s 55312 The provisions of chapter 28181 acts of 1953 shall not apply to the Counties of Madison Taylor Jefferson Alachua Lake Bradford Union Levy Dixie Gilchrist Columbia Baker Clay Gulf Calhoun Washington Wakulla Franklin Libshyerty Santa Rosa Walton Holmes St Johns Flagler Hardee Glades DeSoto Highlands Sumter Citrus Hernando Hamilton Marion Suwannee and Lafayshyette

History-s 2 ch 28181 1953 s l ch 57-1993 s 2 ch 69-320

55314 Water closets maximum quantity of water per flush shower heads and faucets maximum flow rate exceptions penalty-

(1) This section may be cited as the Water Conshyservation Act

(2)(a) After September 1 1983 no new building shall be constructed which

1 Employs a tank-type water closet having a tank capacity in excess of 3 V2 gallons of water or

2 Employs a shower head or faucet that allows a flow of more than an average of 3 gallons of water per minute at 60 pounds of pressure per square inch

(b) The requirements of paragraph (a) apply to (1) Nothing herein contained shall limit or repeal an addition to or a renovation of an existing building

the authority of the Department of Health and Reha- only if the cost of the addition or renovation exceeds bilitative Services as granted by law however this 25 percent of the value of the existing building and

1651

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

compliance with the requirements of this section will not require substantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this secshytion the installation of tank-type water closets havshying a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reduces average water consumption to no more than 312 gallons per flush

(3) Any official board department or agency esshytablished and authorized by the state or by a county city or other political subdivision created by law to administer and enforce the provisions of the plumbshying codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 3 V2 gallons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

History-ss I 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereshyafter in part II of this chapter it is referred to as this code

History-s I ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum stanshydards regulations and requirements for safe and stashyble design methods of construction and uses of mashyterials in electrical wiring apparatus or equipment used for light heat or power which will afford reashysonable protection for public safety health and genshyeral welfare

History-s 2 ch 70-332

55317 Application-This code shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both prishyvate and public and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings

History -s 3 ch 70-332

55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protecshytion of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce addishytional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or administrative procedures and requireshyments are in conformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as reshypealing or superseding provisions of electrical codes legally in use by any municipality or county when such provisions are not inferior to those set forth in this code

History-s 4 ch 70-332

55319 Adoption of electrical standards -For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1981 NFPA No 70-1981 with exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1980 and UL 153-1981

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1980

(4) The provisions of the following codes which provisions prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 56B-1976 Respiratory Therapy 1976

(c) NFPA No 56C-1976 Laboratories in Health-related Institutions 1976

(d) NFPA No 56D-1976 Hyperbaric Facilities (e) NFPA No 56F-1977 Nonflammable Medical

Gas Systems 1977 (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Sershyvices entitled Nursing Homes and Related Facilities Licensure

(6) The minimum standards for grounding of portable electric equipment chapter 8C-27 as recomshymended by the Industrial Standards Section Divishysion of Workers Compensation Department of Lashybor and Employment Security

(7) NFPA No 76A-1977 Essential Electrical Systems for Health Care Facilities 1977

History-s 5 ch 70-332 s I ch 72-292 s I ch 73-283 s I ch 75-55 s 452 ch 77-147 s I ch 77-174 s I ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s I ch 82-15

55320 State county and municipal responshysibility-lt is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

History -s 6 ch 70-332

55321 Enforcement districts-Any county or municipality or any two or more counties or municishypalities or any combination thereof may be created into an enforcement district for the purpose of enshyforcing and administering the provisions of this code

History -s 7 ch 70-332

1652

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

1653

Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

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sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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Ch553 BUILDING CONSTRUCTION ST AND ARDS FS 1983

stalled within such county except within the corposhyrate limits of cities of 7500 or more population Each said plumbing inspector as aforesaid must be a pracshytical plumber of not less than 10 years experience and shall not be connected with the plumbing busishyness in any manner after such employment The said plumbing inspector shall be under the direct supervishysion of the board of county commissioners and his salary shall be determined by said board In counties having county health units it would be desirable to have inspector work in cooperation with such units The said plumbing inspector shall be qualified to perform duties in matters pertaining to the gathering of evidence in any violation of the provisions of this part swearing out warrants appearing before courts in prosecution and any other matters pertaining to the enforcement of the provisions of this part but said inspector shall not be entitled to receive any witshyness or other fees out of the fine and forfeiture fund of any county on account of his testifying as a witness or any other services rendered by him under this part It shall be the duty of the plumbing inspector to inspect plumbing in his county with respect to mode of installation materials used workmanship emshyployed State Plumbing Code specifications met and testing used all to comply with and conform with the minimum requirements of the State Plumbing Code and the laws of the state in regard to plumbing Each said county acting through its board of county comshymissioners may exempt from county plumbing inshyspection cities and towns of less than 7500 populashytion and legislatively created governing service or sanitary districts which said cities and towns and districts have in existence or which enact plumbing code ordinances meeting or surpassing the minimum requirements for plumbing as set out in State Plumbshying Code and which hire only plumbing inspectors who meet the minimum requirements and qualificashytions as hereinabove set out for county plumbing inshyspectors and which said cities and towns and districts conduct inspections complying with the minimum state requirements

(2) Two or more counties may jointly hire one or more plumbing inspectors to act as inspectors or inshyspector for such counties jointly hiring such inspector or inspectors

(3) It shall be the duty of the plumbing inspecshytors in cities of 7500 or more population and also in cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners to inspect plumbing in their respective corshyporate limits with respect to mode of installation materials used workmanship employed State Plumbing Code specifications met and testing used all to comply with the minimum requirements of the State Plumbing Code and the laws of the state and the ordinances of the particular municipality or disshytrict in regard to plumbing Cities of 7500 or more population and also cities of less than 7500 populashytion and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commissioners are hereby authorized to use their own inspection system provided the said cities and

towns and districts comply with the minimum reshyquirements of the State Plumbing Code Nothing herein shall prohibit such cities and towns and legisshylatively created governing service or sanitary disshytricts from enacting more stringent requirements in regard to plumbing and inspection than are set out in this part

(4) If the board of county commissioners of any county so desires it may designate a qualified city or governing service or sanitary district plumbing inshyspector as its county plumbing inspector

History-ss 5 7 ch 26904 1951 s 1 ch 28181 1953

55306 State Plumbing Code adopted -Chapter VIII of the Florida State Sanitary Code of the Department of Health and Rehabilitative Sershyvices adopted in accordance with chapter 381 is hereby adopted as the State Plumbing Code and all installations repairs and alterations to plumbing shall from October 1 1951 be performed in accordshyance with its provisions At least three copies of said Chapter VIII of the Florida State Sanitary Code shall be kept on file at the board of county commissioners in each said county of the state and shall be marked with the words County of __ official copy

History-s 6 ch 26904 1951 ss 19 35 ch 69-106 s 451 ch 77-147

55307 Plumbing permits inspection fee amount disposition exception-The board of county commissioners of each county except within the corporate limits of cities of 7 500 or more populashytion and also except within the corporate limits of cities and towns of less than 7500 population and legislatively created governing service or sanitary districts which have been exempted from county plumbing inspection by the board of county commisshysioners may charge and collect a reasonable fee for the cost of inspection which fee shall not be less than $150 for each plumbing permit issued for each buildshying and $1 for each fixture up to and including the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbshying work in such county The said permit shall be isshysued in triplicate the original going to the plumbing contractor one copy to be retained by the issuing ofshyficer who should be the plumbing inspector in the county and one copy to be filed in the records of the county depositor All such fees shall be paid at the time of the application for a permit to do such work and prior to the installation of any plumbing materishyal and all such fees collected under this part shall be deposited by the plumbing inspector in the county depository and shall be used for the inspection of plumbing and the enforcement of this part in such county

History-s 7 ch 26904 1951 s 1 ch 28181 1953

55308 Inspectors for municipalities service or sanitary districts permits inspection fee amount-Cities of 7500 or more population and also cities and towns of less than 7500 population and legislatively created governing service or sanishytary districts which have been exempted from county plumbing inspection by the board of county commisshysioners shall employ one or more plumbing inspecshytors to inspect plumbing within the corporate limits

1650

FS 1983 BUILDING CONSTRUCTION STANDARDS Ch 553

of said city or district and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections which fee shall not be less than $150 for each plumbing installation permit issued for each building and $1 for each fixture up to and inshycluding the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbing to be performed within the corporate limits of such cities or districts all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbing materishyal All fees collected under this part by the cities and districts shall be used for the inspection of plumbing and the enforcement of this part in such cities and districts

History-s 8 ch 26904 1951 s 1 ch 28181 1953

155309 Advisory council for uniform intershypretation of plumbing code members terms -As an aid to uniform interpretation of the State Plumbing Code a voluntary advisory council may be organized immediately after October 1 1951 This advisory council shall be composed of three members one of whom shall be selected by the plumbing inshyspectors in this state one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the Division of Health The members of the said council shall serve terms in the following manner The first person selected by the said Division of Health shall serve on said counshycil for a period of 3 years the first person selected by the said plumbing inspectors shall serve on said council for a period of 2 years and the first person selected by said plumbing contractors shall serve on said council for a period of 1 year all persons who shall thereafter serve on said council shall serve for a period of 3 years The members of said council shall serve without pay unless their respective organizashytions which selected them shall see fit to reimburse them for their time and expenses incurred while servshying on said council The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the State Plumbing Code The construction and inshyterpretation of the said State Plumbing Code as givshyen by the said council shall be given great weight by the said plumbing inspectors of this state

History-s 11 ch 26904 1951 ss 19 35 ch 69-106 s 1 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1989 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

Note-Section 3 ch 75-48 abolished the Division of Health of the Departshyment of Health and Rehabilitative Services and assigned its functions to the deshypartment

55310 Penalty for violations-Any person vishyolating any provisions of this part shall upon convicshytion of each violation thereof be guilty of a misdeshymeanor of the second degree punishable as provided ins 775082 ors 775083

History-s 12 ch 26904 1951 s 549 ch 71-136

55311 Construction limitation of this part

part shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties

(2) The provisions of this part shall not apply to minor maintenance or repairs of plumbing fixtures by persons firms or corporations upon their own property provided the minimum requirements of the State Plumbing Code are observed

(3) The provisions of this part shall not be conshystrued as being in conflict with chapter 469 relating to plumbers

(4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence

History-ss 4 9 10 14 ch 26904 1951 ss 19 35 ch 69-106 s 11 ch 79-12

55312 Counties excepted from this part -The provisions of this part shall not apply to

(1) Any county having a population of less than 26000 according to the last official census

(2) Any county having a population according to the last official census of not less than 50000 nor more than 52000

(3) Counties having a population of more than 70000 and less than 74200 according to the latest ofshyficial decennial census

(4) Counties having a population according to the last official census of not less than 80000 and not more than 90000

History-ss 2 5 14 ch 26904 1951 s 1 ch 29976 1955 s 1 ch 61-44 s l ch 69-320 cf-s 11031 Official census

55313 Counties exempt from provisions of chapter 28181 Laws of Florida 1953-The proshyvisions of chapter 28181 acts of 1953 shall not apply to any county which is excepted from the provisions of this part in s 55312 The provisions of chapter 28181 acts of 1953 shall not apply to the Counties of Madison Taylor Jefferson Alachua Lake Bradford Union Levy Dixie Gilchrist Columbia Baker Clay Gulf Calhoun Washington Wakulla Franklin Libshyerty Santa Rosa Walton Holmes St Johns Flagler Hardee Glades DeSoto Highlands Sumter Citrus Hernando Hamilton Marion Suwannee and Lafayshyette

History-s 2 ch 28181 1953 s l ch 57-1993 s 2 ch 69-320

55314 Water closets maximum quantity of water per flush shower heads and faucets maximum flow rate exceptions penalty-

(1) This section may be cited as the Water Conshyservation Act

(2)(a) After September 1 1983 no new building shall be constructed which

1 Employs a tank-type water closet having a tank capacity in excess of 3 V2 gallons of water or

2 Employs a shower head or faucet that allows a flow of more than an average of 3 gallons of water per minute at 60 pounds of pressure per square inch

(b) The requirements of paragraph (a) apply to (1) Nothing herein contained shall limit or repeal an addition to or a renovation of an existing building

the authority of the Department of Health and Reha- only if the cost of the addition or renovation exceeds bilitative Services as granted by law however this 25 percent of the value of the existing building and

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

compliance with the requirements of this section will not require substantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this secshytion the installation of tank-type water closets havshying a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reduces average water consumption to no more than 312 gallons per flush

(3) Any official board department or agency esshytablished and authorized by the state or by a county city or other political subdivision created by law to administer and enforce the provisions of the plumbshying codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 3 V2 gallons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

History-ss I 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereshyafter in part II of this chapter it is referred to as this code

History-s I ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum stanshydards regulations and requirements for safe and stashyble design methods of construction and uses of mashyterials in electrical wiring apparatus or equipment used for light heat or power which will afford reashysonable protection for public safety health and genshyeral welfare

History-s 2 ch 70-332

55317 Application-This code shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both prishyvate and public and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings

History -s 3 ch 70-332

55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protecshytion of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce addishytional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or administrative procedures and requireshyments are in conformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as reshypealing or superseding provisions of electrical codes legally in use by any municipality or county when such provisions are not inferior to those set forth in this code

History-s 4 ch 70-332

55319 Adoption of electrical standards -For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1981 NFPA No 70-1981 with exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1980 and UL 153-1981

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1980

(4) The provisions of the following codes which provisions prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 56B-1976 Respiratory Therapy 1976

(c) NFPA No 56C-1976 Laboratories in Health-related Institutions 1976

(d) NFPA No 56D-1976 Hyperbaric Facilities (e) NFPA No 56F-1977 Nonflammable Medical

Gas Systems 1977 (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Sershyvices entitled Nursing Homes and Related Facilities Licensure

(6) The minimum standards for grounding of portable electric equipment chapter 8C-27 as recomshymended by the Industrial Standards Section Divishysion of Workers Compensation Department of Lashybor and Employment Security

(7) NFPA No 76A-1977 Essential Electrical Systems for Health Care Facilities 1977

History-s 5 ch 70-332 s I ch 72-292 s I ch 73-283 s I ch 75-55 s 452 ch 77-147 s I ch 77-174 s I ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s I ch 82-15

55320 State county and municipal responshysibility-lt is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

History -s 6 ch 70-332

55321 Enforcement districts-Any county or municipality or any two or more counties or municishypalities or any combination thereof may be created into an enforcement district for the purpose of enshyforcing and administering the provisions of this code

History -s 7 ch 70-332

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

1653

Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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FS 1983 BUILDING CONSTRUCTION STANDARDS Ch 553

of said city or district and for such inspection service shall charge and collect a reasonable fee for the cost of such inspections which fee shall not be less than $150 for each plumbing installation permit issued for each building and $1 for each fixture up to and inshycluding the first eight fixtures and 50 cents for each fixture thereafter installed in connection with such plumbing to be performed within the corporate limits of such cities or districts all such fees to be paid at the time of application for a permit to do such work and prior to the installation of any plumbing materishyal All fees collected under this part by the cities and districts shall be used for the inspection of plumbing and the enforcement of this part in such cities and districts

History-s 8 ch 26904 1951 s 1 ch 28181 1953

155309 Advisory council for uniform intershypretation of plumbing code members terms -As an aid to uniform interpretation of the State Plumbing Code a voluntary advisory council may be organized immediately after October 1 1951 This advisory council shall be composed of three members one of whom shall be selected by the plumbing inshyspectors in this state one of whom shall be selected by the plumbing contractors in this state and one of whom shall be selected by the Division of Health The members of the said council shall serve terms in the following manner The first person selected by the said Division of Health shall serve on said counshycil for a period of 3 years the first person selected by the said plumbing inspectors shall serve on said council for a period of 2 years and the first person selected by said plumbing contractors shall serve on said council for a period of 1 year all persons who shall thereafter serve on said council shall serve for a period of 3 years The members of said council shall serve without pay unless their respective organizashytions which selected them shall see fit to reimburse them for their time and expenses incurred while servshying on said council The said council shall give its opinion and advice to the said plumbing inspectors of this state on the construction and interpretation of the State Plumbing Code The construction and inshyterpretation of the said State Plumbing Code as givshyen by the said council shall be given great weight by the said plumbing inspectors of this state

History-s 11 ch 26904 1951 ss 19 35 ch 69-106 s 1 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1989 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

Note-Section 3 ch 75-48 abolished the Division of Health of the Departshyment of Health and Rehabilitative Services and assigned its functions to the deshypartment

55310 Penalty for violations-Any person vishyolating any provisions of this part shall upon convicshytion of each violation thereof be guilty of a misdeshymeanor of the second degree punishable as provided ins 775082 ors 775083

History-s 12 ch 26904 1951 s 549 ch 71-136

55311 Construction limitation of this part

part shall not affect laws or parts of laws establishing plumbing codes nor shall it be applicable in counties where plumbing codes have been established by local or special laws or general bills of local application at the option of county commissioners of said counties

(2) The provisions of this part shall not apply to minor maintenance or repairs of plumbing fixtures by persons firms or corporations upon their own property provided the minimum requirements of the State Plumbing Code are observed

(3) The provisions of this part shall not be conshystrued as being in conflict with chapter 469 relating to plumbers

(4) Nothing herein contained shall prohibit any bona fide owner from personally installing plumbing in his own residence

History-ss 4 9 10 14 ch 26904 1951 ss 19 35 ch 69-106 s 11 ch 79-12

55312 Counties excepted from this part -The provisions of this part shall not apply to

(1) Any county having a population of less than 26000 according to the last official census

(2) Any county having a population according to the last official census of not less than 50000 nor more than 52000

(3) Counties having a population of more than 70000 and less than 74200 according to the latest ofshyficial decennial census

(4) Counties having a population according to the last official census of not less than 80000 and not more than 90000

History-ss 2 5 14 ch 26904 1951 s 1 ch 29976 1955 s 1 ch 61-44 s l ch 69-320 cf-s 11031 Official census

55313 Counties exempt from provisions of chapter 28181 Laws of Florida 1953-The proshyvisions of chapter 28181 acts of 1953 shall not apply to any county which is excepted from the provisions of this part in s 55312 The provisions of chapter 28181 acts of 1953 shall not apply to the Counties of Madison Taylor Jefferson Alachua Lake Bradford Union Levy Dixie Gilchrist Columbia Baker Clay Gulf Calhoun Washington Wakulla Franklin Libshyerty Santa Rosa Walton Holmes St Johns Flagler Hardee Glades DeSoto Highlands Sumter Citrus Hernando Hamilton Marion Suwannee and Lafayshyette

History-s 2 ch 28181 1953 s l ch 57-1993 s 2 ch 69-320

55314 Water closets maximum quantity of water per flush shower heads and faucets maximum flow rate exceptions penalty-

(1) This section may be cited as the Water Conshyservation Act

(2)(a) After September 1 1983 no new building shall be constructed which

1 Employs a tank-type water closet having a tank capacity in excess of 3 V2 gallons of water or

2 Employs a shower head or faucet that allows a flow of more than an average of 3 gallons of water per minute at 60 pounds of pressure per square inch

(b) The requirements of paragraph (a) apply to (1) Nothing herein contained shall limit or repeal an addition to or a renovation of an existing building

the authority of the Department of Health and Reha- only if the cost of the addition or renovation exceeds bilitative Services as granted by law however this 25 percent of the value of the existing building and

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

compliance with the requirements of this section will not require substantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this secshytion the installation of tank-type water closets havshying a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reduces average water consumption to no more than 312 gallons per flush

(3) Any official board department or agency esshytablished and authorized by the state or by a county city or other political subdivision created by law to administer and enforce the provisions of the plumbshying codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 3 V2 gallons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

History-ss I 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereshyafter in part II of this chapter it is referred to as this code

History-s I ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum stanshydards regulations and requirements for safe and stashyble design methods of construction and uses of mashyterials in electrical wiring apparatus or equipment used for light heat or power which will afford reashysonable protection for public safety health and genshyeral welfare

History-s 2 ch 70-332

55317 Application-This code shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both prishyvate and public and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings

History -s 3 ch 70-332

55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protecshytion of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce addishytional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or administrative procedures and requireshyments are in conformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as reshypealing or superseding provisions of electrical codes legally in use by any municipality or county when such provisions are not inferior to those set forth in this code

History-s 4 ch 70-332

55319 Adoption of electrical standards -For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1981 NFPA No 70-1981 with exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1980 and UL 153-1981

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1980

(4) The provisions of the following codes which provisions prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 56B-1976 Respiratory Therapy 1976

(c) NFPA No 56C-1976 Laboratories in Health-related Institutions 1976

(d) NFPA No 56D-1976 Hyperbaric Facilities (e) NFPA No 56F-1977 Nonflammable Medical

Gas Systems 1977 (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Sershyvices entitled Nursing Homes and Related Facilities Licensure

(6) The minimum standards for grounding of portable electric equipment chapter 8C-27 as recomshymended by the Industrial Standards Section Divishysion of Workers Compensation Department of Lashybor and Employment Security

(7) NFPA No 76A-1977 Essential Electrical Systems for Health Care Facilities 1977

History-s 5 ch 70-332 s I ch 72-292 s I ch 73-283 s I ch 75-55 s 452 ch 77-147 s I ch 77-174 s I ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s I ch 82-15

55320 State county and municipal responshysibility-lt is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

History -s 6 ch 70-332

55321 Enforcement districts-Any county or municipality or any two or more counties or municishypalities or any combination thereof may be created into an enforcement district for the purpose of enshyforcing and administering the provisions of this code

History -s 7 ch 70-332

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

1653

Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

compliance with the requirements of this section will not require substantial modification of the existing plumbing system

(c) In satisfaction of the requirements of this secshytion the installation of tank-type water closets havshying a tank capacity in excess of 312 gallons shall be permitted if such water closets are equipped with a device which reduces average water consumption to no more than 312 gallons per flush

(3) Any official board department or agency esshytablished and authorized by the state or by a county city or other political subdivision created by law to administer and enforce the provisions of the plumbshying codes and amendments thereto may allow the use of standard flush toilets if in the opinion of such board department or agency the configuration of the building drainage system requires a quantity of water greater than 3 V2 gallons to adequately flush the system

(4) Any person who violates the provisions of this section is guilty of a noncriminal violation punishable by a fine not to exceed $250

History-ss I 2 ch 82-108

55315 55316 55317 55318 55319 55320 55321 55322 55323

PART II

ELECTRICAL CODE

Short title Purpose Application Scope Adoption of electrical standards State county and municipal responsibility Enforcement districts District enforcement departments Furnishing copies of local codes

55315 Short title-Part II is entitled the Florida Electrical Code and may be so cited Hereshyafter in part II of this chapter it is referred to as this code

History-s I ch 70-332

55316 Purpose-The purpose of this electrical code is to provide certain uniform minimum stanshydards regulations and requirements for safe and stashyble design methods of construction and uses of mashyterials in electrical wiring apparatus or equipment used for light heat or power which will afford reashysonable protection for public safety health and genshyeral welfare

History-s 2 ch 70-332

55317 Application-This code shall apply statewide in both incorporated and unincorporated areas to all new buildings and structures both prishyvate and public and to all alterations in any new or existing building or structure but shall not apply to nonresidential farm buildings

History -s 3 ch 70-332

55318 Scope-(1) The standards prescribed by this code constishy

tute minimum electrical requirements for the protecshytion of the health and the safety of the public

(2) County municipal improvement district or state governing bodies may adopt and enforce addishytional or more stringent standards or administrative procedures and requirements than those prescribed by this code including but not limited to fees if the standards or administrative procedures and requireshyments are in conformity with standards set forth in s 55319

(3) Nothing in this code shall be construed as reshypealing or superseding provisions of electrical codes legally in use by any municipality or county when such provisions are not inferior to those set forth in this code

History-s 4 ch 70-332

55319 Adoption of electrical standards -For the purpose of establishing minimum electrical standards in this state the following standards are adopted

(1) National Electrical Code 1981 NFPA No 70-1981 with exception of Article 210-8 Ground Fault Circuit Protection

(2) Underwriters Laboratories Inc Standards for Safety Electrical Lighting Fixtures and Portable Lamps UL 57-1980 and UL 153-1981

(3) Underwriters Laboratories Inc Standard for Electric Signs UL 48-1980

(4) The provisions of the following codes which provisions prescribe minimum electrical standards

(a) NFPA No 56A-1978 Inhalation Anesthetics 1978

(b) NFPA No 56B-1976 Respiratory Therapy 1976

(c) NFPA No 56C-1976 Laboratories in Health-related Institutions 1976

(d) NFPA No 56D-1976 Hyperbaric Facilities (e) NFPA No 56F-1977 Nonflammable Medical

Gas Systems 1977 (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Sershyvices entitled Nursing Homes and Related Facilities Licensure

(6) The minimum standards for grounding of portable electric equipment chapter 8C-27 as recomshymended by the Industrial Standards Section Divishysion of Workers Compensation Department of Lashybor and Employment Security

(7) NFPA No 76A-1977 Essential Electrical Systems for Health Care Facilities 1977

History-s 5 ch 70-332 s I ch 72-292 s I ch 73-283 s I ch 75-55 s 452 ch 77-147 s I ch 77-174 s I ch 78-62 s 46 ch 79-7 s 79 ch 79-40 s I ch 82-15

55320 State county and municipal responshysibility-lt is the responsibility of the governing bodies of the state and each county and municipality of the state to provide for the enforcement of this code in the areas of their jurisdiction

History -s 6 ch 70-332

55321 Enforcement districts-Any county or municipality or any two or more counties or municishypalities or any combination thereof may be created into an enforcement district for the purpose of enshyforcing and administering the provisions of this code

History -s 7 ch 70-332

1652

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

1653

Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

55322 District enforcement departments -Each enforcement district created pursuant to s 55321 by appropriate action of the governing body or bodies thereof shall

(1) Establish and operate an enforcement departshyment

(2) Employ an official or inspector who shall be the departments administrative officer

(3) Employ such inspectors and other personnel as may be necessary to administer and enforce the provisions of this code Inspectors shall have at least 10 years previous background and experience in the electrical trade Personnel employed pursuant to this subsection may be on a fee part-time contractual or other basis acceptable to the enforcement authorishyties

History-s 8 ch 70-332

55323 Furnishing copies of local codes -The governing body of any county or municipality shall furnish to the Department of State upon reshyquest a certified copy of any current electrical code being enforced by it

History-s 9 ch 70-332

Purpose Definitions Application

PART III

GLASS

55324 55325 55326 55327 55328

Adoption of standards Warranty noncompliance a misdemeanor

55324 Purpose-The purpose of part III is to require the use of safety glazing materials in all glass doors bathtub and shower enclosures and hazardous locations in all phases of construction which will proshytect the public safety health and general welfare

History-s 1 ch 70-377

55325 Definitions-( 1) Hazardous locations means those fixed

glazed panels adjacent to a door or which may be mistaken for means of ingress or egress the dimenshysions of which are more than 24 inches in width and more than 6 feet in height and the bottom of which is less than 2 feet above the floor level

(2) Glass doors means all doors whether sliding or swinging for which the dimensions of the glass are more than 18 inches in width or more than 4 feet in height

History-s 2 ch 70-377

55326 Application-Part III shall apply stateshywide in both incorporated and unincorporated areas to all new buildings and structures both public and private and to all alterations or permanent replaceshyments in any new or existing building or structure

History-s 3 ch 70-377

55327 Adoption of standards-The following are adopted as minimum standards for transparent and obscure glazing material used in all glass doors

bathtub and shower enclosures and hazardous locashytions

(1) All such glass shall meet the requirements of the United States of America Standard Z971-1966 which shall apply to obscure as well as transparent glazing materials

(2) Glass shall be labeled to show the name of the manufacturer quality type and thickness

History-s 4 ch 70-377

55328 Warranty noncompliance a misdeshymeanor-

(1) Any person or firm that installs any glass subshyject to this part warrants that said glass is in complishyance with this part

(2) Any person who does not comply with the standards established by this part in any phase of construction in this state is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(3) The provisions of this part shall not apply to louver glass doors or windows with screens

History-s 5 ch 70-377 s 550 ch 71-136

55335 55336 55337 55338 55339 55340 55341 55342

PART IV

FACTORY-BUILT HOUSING

Short title Definitions Rules inspections and insignia Application and scope Injunctive relief Annual report Penalties Legislative intent

55335 Short title-This part shall be known and may be cited as the Florida Manufactured Building Act of 1979

History-s 1 ch 71-172 s l ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October l 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55336 Definitions-The definitions conshytained in this section govern the construction of this part unless the context otherwise requires

(1) Approved means conforming to the requireshyments of the Department of Community Affairs

(2) Approved inspection agency means an orgashynization determined by the department to be espeshycially qualified by reason of facilities personnel exshyperience and demonstrated reliability to investigate test and evaluate manufactured building units or systems or the component parts thereof together with the plans specifications and quality control procedures to ensure that such units systems or component parts are in full compliance with the stanshydards adopted by the department pursuant to this part and to label such units complying with those standards

(3) Closed construction means that condition when any building component assembly subassemshybly or system is manufactured in such a manner that all portions cannot be readily inspected at the instal-

1653

Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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Ch 553 BUILDING CONSTRUCTION STANDARDS FS 1983

lation site without disassembly or destruction thereshyof

(4) Open construction means any building building component assembly or system manufacshytured in such a manner that all portions can be readishyly inspected at the building site without disassembly thereof damage thereto or destruction thereof

(5) Component means any assembly subassemshybly or combination of parts for use as a part of a building which may include structural electrical mechanical and fire protection systems and other systems affecting health and safety

(6) Department means the Department of Community Affairs

(7) Insignia means an approved device or seal issued by the department to indicate compliance with the standards and rules established pursuant to this part

(8) Install means the assembly of a manufacshytured building component or system on site and the process of affixing a manufactured building composhynent or system to land a foundation or an existing building and service connections which are a part thereof

(9) Local government means any municipality county district or combination thereof comprising a governmental unit

(10) Manufacture means the process of making fabricating constructing forming or assembling a product from raw unfinished semifinished or finshyished materials

(11) Manufactured building means a closed structure building assembly or system of subassemshyblies which may include structural electrical plumbing heating ventilating or other service sysshytems manufactured in manufacturing facilities for inshystallation or erection with or without other specified components as a finished building or as part of a finshyished building which shall include but not be limitshyed to residential commercial institutional storage and industrial structures This part does not apply to mobile homes Manufactured building may also mean at the option of the manufacturer any buildshying of open construction made or assembled in manushyfacturing facilities away from the building site for inshystallation or assembly and installation on the buildshying site

(12) Mobile home means any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Developshyment

(13) Site is the location on which a manufacshytured building is installed or is to be installed

(14) System means structural plumbing meshychanical heating electrical or ventilating elements materials or components combined for use in a building

History-s 2 ch 71-172 s 1 ch 74middot208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 s 76 ch 81-167 SB 2 3 ch 81-318 s 79 ch 83-55

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55337 Rules inspections and insigniashy(1) The department is authorized to promulgate

rules enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this part

(2) After the effective date of the rules adopted pursuant to this part no manufactured building exshycept as provided in subsection (9) shall be installed in this state unless it is approved and bears the insigshynia of approval of the department The rules promulshygated under the Florida Factory-Built Housing Act of 1971 shall continue until that date and approvals isshysued by the department under provisions of the prior part shall be deemed to comply with the requireshyments of this part

(3) All manufactured buildings issued and bearshying insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local governshyment which governs construction

(4) No manufactured building bearing departshyment insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation exshycept in conformance with the rules of the departshyment

(5) Manufactured buildings which have been isshysued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not reshyquire an additional approval or insignia by a local government in which they are subsequently sold or installed

(6) If the department determines that the stanshydards for construction and inspection of manufacshytured buildings prescribed by statute or rule of anshyother state are at least equal to rules prescribed unshyder this part and that such standards are actually enshyforced by such other state it may provide by rule that the manufactured building which has been inshyspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate inshysignia of approval

(7) The department by rule shall establish a schedule of fees to pay the cost incurred by the deshypartment for the work related to administration and enforcement of this part

(8) The department may delegate its enforceshyment authority to a state department having building construction responsibilities or a local government The department itself shall not inspect manufacshytured buildings but shall delegate its inspection aushythority to a state department having building conshystruction responsibilities a local government an apshyproved inspection agency or an agency of another state

(9) Custom or one-of-a-kind prototype manufacshytured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site

(10) The department may require by rule that an approved inspection agency as defined in s 55336(2) submit evidence of surety bond in the amount of $25000 to assure performance of inspecshytion functions in compliance with this part and the rules promulgated under this part

History-s 3 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss l 6 ch 79-152 SB l 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55338 Application and scope-(1) The department shall promulgate rules which

1654

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

protect the health safety and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing heating electrical and other systems thereof are reasonably safe and which interpret and make specific the provisions of this part

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto except that local land use and zoning requirements fire zones building setback requirements side and rear yard requirements site development requireshyments property line requirements subdivision conshytrol and onsite installation requirements as well as the review and regulation of architectural and aesshythetic requirements are specifically and entirely reshyserved to local authorities Such local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enshyforced without any distinction as to whether a buildshying is a conventionally constructed or manufactured building A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factoshyry-built structure Such fees shall be equal to the amount charged for similar inspections on convenshytionally built housing

History-s 4 ch 71-172 s l ch 74-208 s 3 ch 76-168 s 1 ch 77-457 s 3 ch 78-323 ss l 6 ch 79-152 ss 2 4 ch 80-86 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

155339 Injunctive relief-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel complishyance with the requirements of this part or with rules issued pursuant thereto or to enjoin the sale delivshyery or installation of a manufactured building upon an affidavit specifying the manner in which the building does not conform to the requirements of this part or to rules issued pursuant thereto Noncomplishyance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part

History-s 6 ch 71-172 s 1 ch 74-208 s 3ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 SS 3 4 ch 80-86 SS 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55340 Annual report-The department shall submit an annual report to the President of the Senshyate and the Speaker of the House of Representatives not later than 30 days prior to the opening of the anshynual legislative session Such report shall include an evaluation including recommendations of the statshyutes concerning manufactured buildings and any changes in the rules governing manufactured buildshyings which have been adopted by the department

History-s 8 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s l ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55341 Penalties-Any person who violates any of the provisions of this part is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 s 775083 or s 775084

History-s 5A ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

55342 Legislative intent-Nothing herein shall act to nullify or supersede the provisions of chapter 527 relating to sale use or storage of liqueshyfied petroleum gas except that inspections made pursuant to chapter 527 shall be made at the place of manufacture

History-s 7 ch 71-172 s 1 ch 74-208 s 3 ch 76-168 s 1 ch 77-457 ss 1 6 ch 79-152 ss 2 3 ch 81-318

Note-Repealed effective October 1 1984 bys 2 ch 81-318 and scheduled for review pursuant to s 1161 in advance of that date

PARTV

ACCESSIBILITY BY HANDICAPPED PERSONS

55345 55346

55347 55348

55349

Definitions Obstruction of common or emergency exits

prohibited standards of accessibility penalty

Building classifications Accessibility features required of new buildshy

ings exceptions Modifications and waivers advisory comshy

mittee

55345 Definitions-For purposes of this part (1) Physically handicapped person means any

person suffering from a physical disability including blindness and the loss of one or more life functions leaving that person mobility-impaired or sensoshyry-impaired requiring the use of prosthetic equipshyment including but not limited to crutches walkers canes or wheelchairs

(2) Living unit means a single unit providing inshydependent living facilities for one or more persons inshycluding permanent provisions for living eating cookshying or sleeping and shall include but not be limited to motels apartment houses rooming houses dormishytories and other similar facilities

History-s l ch 74-292 s 1 ch 78-333

55346 Obstruction of common or emergency exits prohibited standards of accessibility penshyalty-

(1) No first floor or ground level licensed business establishment conducting business with the general public and to which the general public is invited shall obstruct common or emergency entrances and exits so as to prevent a physically handicapped person from using same At least one easily accessible enshytrance and exit used by the general public and approshypriate to the needs of physically handicapped persons shall be available and these entrances and exits shall conform to the standards set forth by the American National Standards Institute standard Making Buildings and Facilities Accessible to and Viable by the Physically Handicapped (ANSI All 71) The provisions of this subsection shall not apply to buildshyings or facilities which are either existing under conshystruction or under contract for construction on Octoshyber 1 1974

(2) Posts or similar barricades at common or emergency entrances and exits of establishments that are existing under construction or under contract for construction which would prevent a person from using such entrances or exits shall be removed

1655

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(3) Any person who violates or fails to comply with the provisions of this section is guilty of a misshydemeanor of the second degree punishable only by fine as provided in s 775083

History-s 2 ch 74-292 s 2 ch 78-333

55347 Building classifications-For the purshyposes of this part the following classifications are adopted

(1) Assembly occupancy Theaters auditoriums motion-picture houses exhibition halls skating rinks gymnasiums poolrooms nightclubs meeting rooms passenger rooms recreation piers restaushyrants churches and all other similar uses

(2) Educational and institutional occupancy Schools jails prisons reformatories asylums and all other similar uses

(3) Storage and business occupancy Warehouses storage buildings freight depots public garages gasshyoline service stations aircraft hangars retail stores shops salesrooms markets office buildings banks civic administration buildings telephone exchanges museums art galleries libraries and all other similar uses

(4) Residential occupancy Hotels motels apartshyment hotels apartment houses bungalow courts roominghouses dormitories fraternity houses sororshyity houses monasteries and all other similar uses

History-s 3 ch 74-292 s 1 ch 75-85 s 3 ch 78-333

55348 Accessibility features required of new buildings exceptions-

(1) For the purposes of this part a new building shall be considered to be one which is not under conshystruction contract on October 1 1974

(2) All new buildings as defined in this part exshycept those exempted pursuant to subsection (3) which the general public may frequent live in or work in shall be made accessible as required in this section

(a) Where accessibility is required paths shall be provided for the physically disabled or handicapped and shall be unobstructed and devoid of curbs stairs or other abrupt changes in elevation

(b) Ramps where provided along such paths shall slope not more than 1 inch vertically in 12 inchshyes horizontally

(c) Corridors including such paths shall be not less than 44 inches between walls when part of a reshyquired means of egress

(d) Single leaf walk-through swinging doors and one leaf of manually operated multiple leaf swinging doors shall be not less than 32 inches in width

(e) All other walk-through openings shall provide not less than 29 inches in clear width

(f) Accessibility to such buildings shall be providshyed from rights-of-way and parking areas by means of curb-cuts or ramps or both to at least one entrance generally used by the public and from such entrance to elevators where provided

(g) Accessibility shall be provided in such buildshyings at each floor and at ground floor level except as provided in subsection (3)

(h) Required restrooms shall be made accessible except as provided in this subsection and each shall be provided with at least one accessible toilet stall

complying with the standard set forth in paragraph (1) Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor

(i) Restroom vestibules providing screens or a seshyries of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet

(j) Restrooms made accessible to the handishycapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in dishyameter for 180-degree turns

(k) Changes in level in excess of 12 inch at doorshyways requiring accessibility shall be ramped

(1) The mandatory portions of the standard Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped of the Amershyican National Standards Institute ANSI A117l exshycept as modified by this part and except as otherwise provided in s 399035 relating to the accessibility of elevators to the physically handicapped are hereby adopted

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section However nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection

(a) In building maintenance and storage areas where only employees have occasion to enter and within which the work cannot reasonably be pershyformed by the handicapped the provisions of this part need not apply unless such areas provide the only path between areas normally used by the handishycapped

(b) Buildings having accessibility at habitable grade levels where no elevator is provided shall not be required to comply with the provisions of this part at floors above such levels if facilities normally sought and used by the public in such buildings are accessible to and usable by the physically handishycapped at such habitable grade levels

(c) Residential occupancies Two-story and three-story buildings with less than 49 units having accessibility at habitable grade levels shall not be reshyquired to comply with the provisions of this part at floors above such levels except where an elevator is provided Twenty-five percent of the total number of living units shall comply with the provisions of this part provided that accessory facilities such as pools patios sauna rooms recreational buildings laundry rooms and similar areas shall comply with the provishysions of subsection (2)

(d) Within living units hallways having no walk-through openings in the sidewalls may be less than 44 inches wide but shall not be less than 36 inches wide

(e) Within living units toilet rooms providing 29-inch clear passage need not comply with the proshyvisions of this section

(f) Single-family dwellings and duplexes shall be exempted from this part

(g) Handrails shall not be required on ramps 7

1656

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 10: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

feet or less that are integral with walkways platshyforms courtyards or other paved areas where the sides of such ramps are protected by curbs or flared sides

History-s 4 ch 74-292 s 2 ch 75-85 ss 2 4 ch 78-235 s 3 ch 78-333 s 13 ch 83-145

155349 Modifications and waivers advisory committee-

(1) The Florida Board of Building Codes and Standards shall provide by regulation criteria for granting individual modifications of or exceptions from the literal requirements of this part upon a deshytermination of unnecessary or extreme hardship proshyvided such waivers shall not violate federal accessishybility laws and regulations and shall be reviewed by an advisory committee consisting of the following four members Executive Director Governors Comshymittee on Employment of the Handicapped Direcshytor Division of Blind Services Director Office of Voshycational Rehabilitation and President Florida Counshycil of Handicapped Organizations or their designees Upon application made in the form provided an inshydividual waiver or modification may be granted by the board so long as such modification or waiver is not in conflict with more stringent standards providshyed in another chapter

(2) Meetings of the advisory committee shall be held in conjunction with the regular quarterly meetshyings of the board

History-s 3 ch 78-333 s 1 ch 82-46 s 2 ch 83-265 Note-Repealed effective October l 1991 bys 1 ch 82-46 as amended by

s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55370 55371 55372 55373 55374

55375

55376 55377 55379 55380 55383 55384 55385 553851 553895

PART VI

STATE MINIMUM BUILDING CODES

Short title Definitions Intent State Minimum Building Codes State Board of Building Codes and Stanshy

dards Organization of board rules and regula-

tions meetings staff fiscal affairs General powers of the board Specific powers of the board Application Enforcement Injunctive relief Statutory civil action Liquefied petroleum gases Protection of underground gas pipelines Firesafety

55370 Short title-This part shall be known and may be cited as the Florida Building Codes Act

History-s 1 ch 74-167 s 1 ch 77-365

55371 Definitions-As used in this part 1(1) Board means the Board of Building Codes

and Standards created by this part

(2) Department means the Department of Community Affairs

(3) Local enforcement agency means the agency of local government with authority to make inspecshytions of buildings and to enforce the codes which esshytablish standards for construction alteration repair or demolition of buildings

(4) Secretary means the Secretary of Communishyty Affairs

(5) Housing code means any code or rule inshytending postconstruction regulation of structures which would include but not be limited to standards of maintenance condition of facilities condition of systems and components living conditions occupanshycy use and room sizes

(6) Threshold building means any building or structure which has a total floor area exceeding 25000 square feet which building or structure is greater than two stories or 25 feet in height which building or structure has an assembly occupancy greater than 5000 square feet or which building or structure is of unusual design or construction as deshytermined by the building official except a residential structure three stories or less in height and any buildshying defined in s 481203(7) or s 481229

History-s 2 ch 74-167 s l ch 75-111 s 1 ch 77-365 s 4 ch 78-323 ss 3 4 ch 81-7 s 77 ch 81-167 ss 1 4 ch 82-46 s 80 ch 83-55 s 8 ch 83-160 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys l ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55372 Intent-The purpose and intent of this act is to provide a mechanism for the promulgation adoption and enforcement of state minimum buildshying codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety health and general welfare for all the people of Florida at the most reasonable cost to the consumer

History-s 3 ch 74-167

55373 State Minimum Building Codesshy(l)(a) By January 1 1978 local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction Such code shall include the provisions of part V relating to accessibilshyity by handicapped persons and shall be in addition to the requirements set forth in chapter 527 which pertains to liquefied petroleum gas and parts I II and III of this chapter which pertain to plumbing electrical and glass construction standards respecshytively

(b) In the event that a special act of the Legislashyture passed prior or subsequent to January 1 1978 places responsibility for building construction regulashytion in a specified local board or agency the words local government and local governing body as used in this part shall be construed to refer exclusiveshyly to such local board or agency

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes

(a) Standard Building Code 1976 edition (b) National Building Code 1976 edition

1657

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 11: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

Ch553 BUILDING CONSTRUCTION ST AND ARDS FS1983

(c) (d) (e)

ti on

EPCOT Code 1977 edition One and Two Family Dwelling Code and The South Florida Building Code 1976 edi-

try citizen state agency or political subdivision of the state In recommending any amendment the board shall comply with the procedural requirements of chapter 120

History-s 4 ch 74-167 s 3 ch 75-85 s 1 ch 77-365 s 225 ch 79-400 s l ch 80-Hl6 s 6 ch 82-197 Each local government and state agency with buildshy

ing construction regulation responsibilities shall adopt one of the State Minimum Building Codes as 55374 State Board of Building Codes and its building code If the One and Two Family Dwell- Standards-ing Code is adopted for residential construction then (1) There is created within the Department of one of the other recognized model codes must be Community Affairs the Board of Building Codes and adopted for the regulation of other residential and Standards which shall be appointed by the Governor nonresidential structures The State Minimum not later than 60 days after October 1 1980 MemshyBuilding Codes shall include the provisions of part V hers appointed by the Governor shall be subject to relating to accessibility by handicapped persons confirmation by the Senate The board shall be com-

(3) After January 1 1978 local governments and posed of 17 members consisting of the following state agencies with building construction regulation (a) One architect registered to practice in this responsibilities may provide for more stringent re- state quirements than those specified in the State Mini- (b) One structural engineer registered to practice mum Building Codes provided in this state

(a) There is a determination by the local govern- (c) One mechanical contractor certified to do ing body of a need to strengthen the requirements of business in this state the State Minimum Building Codes adopted by such (d) One electrical contractor certified to do busi-governing body based upon demonstrations by the ness in this state local governing body that local conditions justify (e) One member from fire protection engineering more stringent requirements than those specified or technology therein for the protection of life and property and (f) One general contractor certified to do business

(b) Such additional requirements are not dis- in this state criminatory against materials products or construe- (g) One plumbing contractor licensed to do busi-tion techniques of demonstrated capabilities ness in this state

(4) All code requirements in effect in any code (h) One roofing sheet metal or air-conditioning enforcement jurisdiction on January 1 1978 which contractor certified to do business in this state are not inferior to the requirements of any model (i) One residential contractor licensed to do busi-code specified in subsection (2) are presumed to meet ness in this state the conditions of subsection (3) (j) Three members who are city or district codes

(5) It shall be the responsibility of each munici- enforcement officials pality and county in the state and of each state agen- (k) One member who represents a state agency cy with statutory authority to regulate building con- other than the Department of Community Affairs struction to enforce the specific model code of the empowered by law to enforce building codes State Minimum Building Codes adopted by that mu- (1) One member who is a county codes enforce-nicipality county or agency in accordance with the ment official provisions of s 55380 (m) One member of a Florida-based organization

(6) The specific model code of the State Mini- of handicapped persons or a nationally chartered orshymum Building Codes adopted by a municipality ganization of handicapped persons with chapters in county or state agency shall regulate every type of this state building or structure wherever it might be situated (n) One member of the manufactured buildings in the code enforcement jurisdiction however such industry who is licensed to do business in this state regulations shall not apply to nonresidential farm (o) One mechanical or electrical engineer regisshybuildings on farms to temporary buildings or sheds tered to practice in this state used exclusively for construction purposes to mobile (2) Of the members initially appointed by the homes used as temporary offices or to any construe- Governor seven shall serve for terms of 2 years each tion exempted under s 55380(3) by an enforcement and eight shall serve for terms of 4 years each Thereshydistrict or local enforcement agency The codes may after all appointments shall be for terms of 4 years be divided into a number of segments as determined A vacancy shall be filled for the remainder of the unshyby the municipality county or state agency These expired term Neither the architect nor any of the segments may be identified as building mechanical above-named engineers shall be engaged in the manshyelectrical plumbing or fire prevention codes or by ufacture promotion or sale of any building materishyother titles as are deemed proper However the State als and any member who shall during his term cease Minimum Building Codes shall not contain a housing to meet the qualifications for original appointment code nor shall the state interpose in the area of local through ceasing to be a practicing member of the proshyhousing codes except upon request originating from fession indicated or otherwise shall thereby forfeit an enforcement district or local enforcement agency his membership on the board

(7) The board may from time to time make rec- (3) Members of the board shall serve without ommendations to revise alter repeal or update the compensation but shall be entitled to reimburseshyState Minimum Building Codes either on its own ment for per diem and travel expenses as provided by motion or upon application from any affected indus- s 112061

1658

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 12: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

FS 1983 BUILDING CONSTRUCTIORDS Ch553

(4) Each appointed member is accountable to the Governor for the proper performance of the duties of his office The Governor shall cause to be investigatshyed any complaint or unfavorable report received conshycerning an action of the board or any member and shall take appropriate action thereon The Governor may remove from office any appointed member for malfeasance misfeasance neglect of duty incompeshytence permanent inability to perform official duties or pleading guilty or nolo contendere to or being found guilty of a felony

History-s 5 ch 74-i67 s 2 ch 77-365 s 4 ch 78-323 ss i 2 ch 80-23i 88 i 3 4 ch 8i-7 88 i 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October i i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55375 Organization of board rules and regulations meetings staff fiscal affairs-

(1) Within 30 days after its appointment the board shall meet on call of the secretary The board shall at this time and thereafter annually elect from its appointive members a chairman and such officers as it may choose

(2) The board shall meet at the call of its chairshyman at the request of a majority of its membership at the request of the department or at such times as may be prescribed by its rules The members shall be notified in writing of the time and place of a regular or special meeting at least 7 days in advance of the meeting A majority of members of the board shall constitute a quorum

(3) The department shall be responsible for the provision of administrative and staff-support services relating to the functions of the board With respect to matters within the jurisdiction of the board the deshypartment shall be responsible for the implementation and faithful discharge of all decisions of the board made pursuant to its authority under the provisions of this part

History-s 6 ch 74-i67 s 4 ch 78-323 ss 2 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 1991 bys 1 ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

55376 General powers of the board-The board is authorized to

(1) Promulgate in cooperation with the departshyment rules and regulations for the administration of this part pursuant to chapter 120

(2) Provide rules of procedure for its internal management and control

(3) Enter into contracts and do such things as may be necessary and incidental to the discharge of its responsibilities under this part

History-s 7 ch 74-167 s 4 ch 78-323 ss 3 4 ch 81-7 ss 1 4 ch 82-46 s 2 ch 83-265

Note-Repealed effective October 1 i99i bys i ch 82-46 as amended by s 2 ch 83-265 and scheduled for review pursuant to s 11611 in advance of that date

mamuildings to ascertain their eff~ct uponJuildin_g cons~r~ction and determme the el of their provisions

(c) ten application by a p~ivate PBrty or a locient agency issue _advisory opimorls relatiechnologies techmques and materd als wbeen tested where necess8r~ an founche objectives of the State Mmim-1m Buildnd the Florida Manufactured Bmld-ing At

(d) tten application by a pr~vate pa~ty or a lement agency issue advisory opmshyions rche interpretation enforcement adshyministnodification by local government~ of the Stum Building Codes and the Florida Manuuilding Act of 1979

(2) tten application by a private party or a l~ment agency the boar~ may al~o

(a) or the testing of materials devices and monstruction

(b) experts consultants _techmcal advis-ers arv committees for assis~a_nce and ~ecshyommellating to the State Mmimum Bmld-ing Co f

(3) d shall conduct a program to c~r~1 y buildirministration personnel and bmldmg inspec1nnel in this state

Historbull-167 s 4 ch 75-85 s 4 ch 75-ill s 3 ch 7-3~5~hmiddot 4 ch 78-~ 79-i52 ss 3 4 ch si-7 s8 i 4 ch 82-46 s 83~2i~ctive October 1 1991 bys 1 ch 82-46bull 8 am~~~~~hit s 2 ch 83-iuled for review pursuant to s 11611 m advan date

553tication- M (1) effective date of the State i1mum

Buildinadopted as herein provided i~ shall be unla any person firm or corporation to constru alter repair or demol_is~ any bml~shying witltate without first obta~nmg a permit therefohe appropriate enforc~ng agency or from suns as may by appropriate resolution or regumiddot the enforcing agency be delegate~ authorite such permits upon the pa_yment ~ such re1 fees adopted by the enforcmg age -cy The g agency is empowered to revoke any such pem a determination ~y the ag~ncy that the con11 erection alteration repai or ~eshymolitiorbuilding for which the pe_rmit _was isshysued is iion of or not in confltm-ity with the provisioe State Minimum Bmldmg Cltgtd~s

(2) A effective date of _the Sta~e Mmimum Buildin~ adopted as hereirl provided no enshyforcing may issue any permit ~0 construct~or erectionion repair or de~ohtion unless i~ ~s determine in compliance w~th the State Mirishymum BlCodes The enforcmg agency_ shall dsshysue ape construct erect alter repair 0 eshymolish alding when the plans and SJ~cifica-

55377 Specific powers of the board- tions forroposal comply with the provisions of (1) The board shall the Statmum Building Codes (a) Adopt rules and regulations or amendments (3) Te Minimum ~uilding Codes after th~

thereto in accordance with the procedures prescribed effective f their adoption pursuant to th~ P0

in chapter 120 visions olart shall supersede all other bmldmg d middot th state wheth-(b) Make a continual study of the operation of construc1des or or mances m e

the State Minimum Building Codes and other laws er at the r state level and whether adopted by relating to the construction of buildings including administregulation or by legislative enactment

1659

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 13: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

Ch553 BUILDINcJCTION ST AND ARDS FS1983

unless such ~JUilding construction codes or are more strmgent than the State Minimu Codes and t_he conditions of s 553 73(= However this subsection does not appl) ~om~s as defined by chapter 320 Nothin1 I~ th1~ subsection shaU be construed as n drve~tmg appropriate state or local agen t~or~ty to make inspections or to enforc1 wrthm their respect~v~ areas of jurisdictic

(4) The State Mmrmum Building Codi e~f~ctrve da~e of their adoption pursuant v1s10ns of this part may be modified by k men~s to ~eqmre more stringent standard~ SJec1f1ed m the State Minimum Building -vrded the conditions of s 55373(3) are m (5~(a) The e~forcing agency shaII reoshy

cral mspector to mspect a11 structural conf a threshold building which are related tee health ~afety or _welfare The inspector sllshyen~ d~rmg any time when such componeh bmldmg are being constructed

(b) The I~spector shaII be a person 1ishycen~e~ or registered under the Building (sshysoc1at10n of Florida the Southern Buile Congress International chapter 471 as er ch~pt~r 481 ~s an architect the Council cl~ Bu~ldmg Officials or the building inspecfishycat10n program of Broward County or DampYmiddot

(c) The owner of a threshold buildiray ~II costs of employmg a special inspector rcshymg agency shaII determine the amount rnd procedure for paying such costs

(6) N permit may be issued for aing con~truct10n erect10n alteration repairion project unles~ the applicant for such pendes to the enforcmg agency which issues themy ~~t~he foIIowmg documents which apply roj-

(a) Electrical documents for 1 Any new b~ilding or addition whires

an aggregate serv1lte capacity of 600 or lares (240 volts) or more on a residential electtem or ~00 amperes (240 volts) or more on amiddotcial or mdustnal electrical system and whicbore than $50000 or

2 Any ~tructure which is greater 000 square feet m area and which is designerblic assembly

(b) Plumbing documents for 1 ~ny new building or addition whicres a

plumbmg system with more than 250 fix1ts or which costs more than $50000 or

2 Any ~tructure which is greater)000 square feet m area and which is designeublic assembly

(c) Jlt~re sprikle documents for any ilding or _addit10n which mcludes a fire sprir1stem which costs ~ore than $5000

(d) Heatmg ventilation and air-coning documents for

1 Any new building or addition wquires iiore than a 15-ton-per-system capacity is deshysig~ed to accommodate 100 or more p~or for which the system costs more than $50 01

2 Any structure which is great~r 5000

square feet in area and which is designed for public assembly

This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family two-family three-family or four-family structure

(e) Any specialized mechanical electrical or plumbing document for any new building or addition which includes a medical gas oxygen steam vacuum toxic air filtration halon fire alarm or security and security alarm system which costs more than $5000

No such document shaII be valid unless a professionshyal engineer who possesses a valid certificate of regisshytration has signed dated and stamped such docushyment as provided ins 471025

(7) Each local enforcement agency shaII require that on every threshold building

(a) The owner upon completion of the building file a certificate with the local enforcement agency prepared by an architect or engineer certifying that to the best of the architects or engineers knowledge the construction complies with the applicable codes and the intent and design specified in the permit documents

(b) Any proposal to instaII an alternate product or system to which building codes apply which prodshyuct or system is instaIIed after October 1 1983 be submitted to the local enforcement agency for review for compliance with the codes and made part of the local enforcement agencys recorded set of permit documents

(c) AU shoring and reshoring procedures plans and details prepared after October 1 1983 be preshypared by and sealed by an engineer registered in this state a signed and sealed copy of aU shoring docushyments prepared after October 1 1983 be submitted to the architect and structural engineer and the local enforcement agency and each shoring and reshoring instaUation performed after October 1 1983 be sushypervised inspected and certified to be in compliance with the shoring documents by the general contracshytor

(d) AU plans for a building or structure required to be signed and sealed by an architect or engineer which plans are prepared after October 1 1983 conshytain a statement that to the best of the architects or engineers knowledge the plans and specifications comply with the applicable minimum building codes

(8) No enforcing agency may issue a primary building permit for construction of any threshold building except to a licensed general contractor The named contractor to whom the building permit is isshysued shaU be held responsible for the entire project by the enforcing agency

History-s 10 ch 74-167 s 4 ch 77-365 s 10 ch 83-160 s 1 ch 83-352 Note-The words or less enacted bys 10 ch 83-160 appear to the edishy

tors to be an error compares 471003 as amended bys 3 ch 83-160

55380 Enforcement-() It shaU be the responsibility of each local govshy

ernment each legaily constituted enforcement disshytrict and each state agency with statutory authority

1660

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 14: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

FS1983 BUILDING CONSTRUCTION STANDARDS Ch553

to regulate building construction to enforce the building code adopted by such body in accordance withs 55373 The governing bodies of local governshyments may provide a schedule of fees for the enforceshyment of the provisions of this part The authority of state enforcing agencies to set fees for enforcement shall be derived from authority existing on the effecshytive date of this act However nothing contained in this subsection shall operate to limit such agencies from adjusting their fee schedule in conformance with existing authority

(2) Except for charter counties any two or more counties or municipalities or any combination thereshyof may in accordance with the provisions of chapter 163 governing interlocal agreements form an enshyforcement district for the purpose of adopting enshyforcing and administering the provisions of the State Minimum Building Codes Each district so formed shall be registered with the department on forms to be provided for that purpose

(3) Each enforcement district shall be governed by a board the composition of which shall be detershymined by the affected localities At its own option each enforcement district or local enforcement agenshycy may promulgate rules granting to the owner of a single-family residence one or more exemptions from the State Minimum Building Codes relating to

(a) Addition alteration or repairs performed by the property owner upon his own property provided any addition or alteration shall not exceed 1000 square feet or the square footage of the primary structure whichever is less

(b) Addition alteration or repairs by a nonowner within a specific cost limitation set by rule provided the total cost shall not exceed $5000 within any 12-month period

(c) Building and inspection fees

Each code exemption as defined in paragraphs (a) (b) and (c) shall be certified to the local board 10 days prior to implementation and shall only be effecshytive in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it

(4) When an enforcement district has been formed as provided herein upon its registration with the department it shall have the same authority with respect to building codes as provided by this part for local governing bodies

History-s 11 ch 74-167 s 3 ch 75-111 s 5 ch 77-365

55383 Injunctive relief-Any code enforcing agency may seek injunctive relief from any court of competent jurisdiction to enjoin the offering for sale delivery use occupancy erection alteration or inshystallation of any building covered by this part upon an affidavit of the code enforcing agency specifying the manner in which the building does not conform to the requirements of the portion of the State Minishymum Building Codes adopted in that jurisdiction Noncompliance with a building code promulgated under this part shall be considered prima facie evishydence of irreparable damage in any cause of action brought under authority of this part

History-s 14 ch 74-167 s 5 ch 77-365

55384 Statutory civil action-Notwithstand-

ing any other remedies available any person or party in an individual capacity or on behalf of a class of persons or parties damaged as a result of a violation of this part or the State Minimum Building Codes has a cause of action in any court of competent jurisshydiction against the person or party who committed the violation

History-s 15 ch 74-167

55385 Liquefied petroleum gases-The proshyvisions of the State Minimum Building Codes and the rules and regulations adopted thereunder for the design construction location installation services and operation of equipment for storing handling transporting and utilization of liquefied petroleum gases shall not be in conflict with chapter 527

History-s 16 ch 74-167

553851 Protection of underground gas pipeshylines-

(1) DEFINITIONS-As used in this section (a) Person means any individual firm joint

venture partnership corporation association aushythority municipality governmental unit joint stock association or business trust whether or not incorposhyrated and includes any trustee receiver assignee or personal representative thereof

(b) Gas pipeline means an underground facility and related facilities including pipes valves regulashytors vaults and attachments by which hydrocarbons in liquid or gaseous form are transmitted or furshynished This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s 52706(4) and the regulation of liquefied petroleum gas pipeshylines including the provisions of this law shall conshytinue to be under the jurisdiction of the Department of Insurance

(c) Excavation means an operation in which any structure earth rock or other mass of material in or on the ground is moved removed or otherwise displaced by means of any tool equipment or exploshysive and includes without limitation wrecking razshying grading trenching digging ditching drilling aushygering tunnelling scraping cable or pipe plowing and pile driving except maintenance activities to reshystore road rights-of-way to original template

(d) Excavator means any person performing an excavation

(e) Owner means any person operating a gas pipeline

(f) Damage means any contact with a gas pipeshyline during excavation which necessitates the owner to repair the gas pipeline or the excavator pursuant to authorization by the owner to repair the gas pipeshyline subject to supervision and inspection by the owner

(g) Mark means to indicate the horizontal locashytion of a gas pipeline within 12 inches on either side of the gas pipeline by stakes paint or other suitable means generally accepted within the gas pipeline and construction industry Upon request by the excavator for depth locations in specific areas depth within 18 inches vertically on either side of the gas pipeline shall be indicated

1661

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 15: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

Ch553 BUILDING CONSTRUCTION STANDARDS FS 1983

(2) NOTICE AND MARKING REQUIREshyMENTS FOR EXCAVATION-

(a) No excavator shall commence or perform any excavation in any public or private street alley right-of-way dedicated to the public use or gas utilishyty easement without first obtaining information conshycerning the possible location of gas pipelines in the area of the proposed excavation from any person havshying the right to bury gas pipelines within the public or private street alley right-of-way or gas utility easement Such information may be requested by telephone letter telegraph or messenger or in pershyson at the prework conference for the job requiring the proposed excavation or by calling a utility notifishycation center operating in the area

(b) Any owner having the right to bury gas pipeshylines shall file with the clerk of the circuit court and have recorded in each county wherein the owners gas pipelines are buried the name address and teleshyphone number of the owner from whom the necessary location information may be obtained The clerk shall keep such records in a separate and readily available gas pipeline file

(c) The excavator shall notify the owner in the manner prescribed in subsection (1) so that the ownshyer receives notification at least 48 hours excluding Saturdays Sundays and legal holidays prior to startshying excavation

(d) Upon receipt of a request for the location of gas pipelines the owner shall assign such request a serial number inform the requester of such number and maintain a register showing the name address and telephone number of the requester the site to which the request pertains the time and date of the request and the serial number assigned to the reshyquest and the owner shall within 48 hours either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains

(e) No political subdivision of this state shall isshysue a permit for excavation until the applicant for such permit certifies that he has complied with the provisions of paragraphs (a) and (c)

(f) Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation

(3) EXCAVATION LIABILITY FOR NEGLIshyGENCE NOTICE OF DAMAGE OR DISLOCAshyTION EMERGENCIES-

(a) Obtaining information from the owner as reshyquired by subsection (2) does not excuse any excavashytor from performing an excavation in a careful and prudent manner nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator provided the gas pipeline is correctly located

(b) In the event of any damage to or dislocation of any gas pipelines in connection with an excavashytion the excavator shall immediately notify the ownshyer of such damage or dislocation

(c) The provisions of subsection (2) are not applishycable to any excavator performing an excavation in an emergency involving the public health safety or welfare

History-ss I 2 3 ch 77-153 s I ch 78-82

553895 Fire safety -Any transient public lodging establishment as defined in chapter 509 and used primarily for transient occupancy as defined in s 8343(10) or any time-share unit of a time-share plan as defined in chapters 718 and 721 which is of three stories or more and for which the construction contract has been let after September 30 1983 shall be equipped with an automatic sprinkler system in any portion of the building with interior corridors which do not have direct access from the guest area to exterior means of egress on a building which is less than 75 feet in height which system conforms to the minimum standards prescribed in the National Fire Protection Association publication NFPA No 13 (1980) Standards for the Installation of Sprinkler Systems Each guest room and each time-share unit shall be equipped with an approved listed sinshygle-station smoke detector meeting the minimum reshyquirements of NFPA-72A (1979) and NFPA-72E (1978) notwithstanding the number of stories in the structure if the contract for construction is let after September 30 1983

History-s 2 ch 83-194 1Note-The words which is less than 75 feet in height were substituted by

the editors for the words below 75 feet

PART VII

THERMAL EFFICIENCY STANDARDS

553900 553901 553902 553903 553904

553905

553906

553907 553908 5539085

553909

553912

Short title Purpose Definitions Applicability Thermal efficiency standards for new

nonresidential buildings Thermal efficiency standards for new resshy

idential buildings Thermal efficiency standards for renovat-

ed buildings Compliance Inspection Energy performance index disclosure for

residential buildings Setting requirements for appliances exshy

ceptions Air conditioners

553900 Short title-This part shall be known and may be cited as the Florida Thermal Efficiency Code

History-s 1 ch 77-128

553901 Purpose-The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide consistent with energy conservation goals and to best provide for public safety health and general welfare The Department of Community Affairs shall adopt modishyfy revise update and maintain the Florida Model Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto in accordance with the procedures of chapter 120 The department shall at least biennially determine the most cost-effective energy-saving equipment and techniques available

1662

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

1663

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

1664

Page 16: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

FS1983 BUILDING CONSTRUCTION STANDARDS Ch 553

and update the code to incorporate such equipment and techniques The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation The term cost-effective for purposes of this part shall be construed to mean cost-effective to the consumer

History-s l ch 77-128 s 2 ch 80-193 s 78 ch 81-167 s 1 ch 81-226 s l ch 82-197 s 81 ch 83-55

553902 Definitions-For the purposes of this part

(1) Exempted building means (a) Any building or portion thereof whose peak

design rate of energy usage for all purposes is less than 1 watt (34 Btus per hour) per square foot of floor area for all purposes

(b) Any building which is neither heated nor cooled by a mechanical system designed to control or modify the indoor temperature and powered by elecshytricity or fossil fuels

(c) Any mobile home (d) Any historical building as described in s

267 021( 6) (e) Any state building that must conform to the

more stringent Florida Energy Conservation Act of 197 4 and amendments thereto

(2) HV AC means a system of heating ventilatshying and air conditioning

(3) Renovated building means a residential or nonresidential building undergoing alteration that varies or changes insulation HV AC systems water heating systems or exterior envelope conditions proshyvided the estimated cost of renovation exceeds 30 percent of the assessed value of the structure

(4) Local enforcement agency means the agency of local government which has the authority to make inspections of buildings and to enforce a code or codes which establish standards for construction renovation or occupancy of buildings It includes any agency within the definition of s 55371(3)

(5) Exterior envelope physical characteristics means the physical nature of those elements of a building which enclose conditioned spaces through which energy may be transferred to or from the exteshyrior

(6) Energy performance index or EPI means a number describing the energy requirements of a resishydence as compared to the average energy consumpshytion of a residence built to prevailing construction standards in 1977 The number shall be calculated according to rules and procedures promulgated by the Department of Community Affairs

History-s 1 ch 77-128 s 3 ch 80-193 ss 2 5 ch 81-226 s 2 ch 82-197 s 82 ch 83-55

553903 Applicability-This part shall apply to all new and renovated buildings in the state exshycept exempted buildings for which building permits are obtained after March 15 1979 The provisions of this part shall constitute a statewide uniform code ~he criteria for compliance shall include the provishysion that the performance level of a building built to such thermal performance standards shall not vary more than 5 percent as a result of choice of energy source

History-s 1 ch 77-128 s 1 ch 78-625 s 2 ch 80-193

553904 Thermal efficiency standards for new nonresidential buildings-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physishycal characteristics HV AC system selection and conshyfiguration HV AC equipment performance and sershyvice water heating design and equipment performshyance and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Building Conshystruction

History-s 1 ch 77-128 s 1 ch 78-625 s 1 ch 79-267 s 2 ch 80-193

553905 Thermal efficiency standards for new residential buildings-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15 1979 shall take into account exterior envelope physical characteristics HV AC system selection and configushyration HV AC equipment performance and service water heating design and equipment selection and shall not be required to meet standards more strinshygent than the provisions of the Florida Model Energy Efficiency Code for Building Construction All new residential buildings except those herein exempted shall have insulation in ceilings rated at R-19 or more space permitting Thermal efficiency standards shall not apply to a building of less than 1000 square feet the primary use of which is not as a principal resshyidence and which is constructed and owned by a natshyural person for hunting or similar recreational purshyposes however no such person may build more than one exempt building in any 12-month period

History-s l ch 77-128 s 1 ch 78-625 s 2 ch 79-267 s 2 ch 80-193 s 3 ch 81-226

553906 Thermal efficiency standards for renovated buildings-Thermal designs and operashytions for renovated buildings for which building pershymits are obtained after March 15 1979 shall take into account insulation windows HV AC systems and performance and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Model Energy Efficiency Code for Buildshying Construction These standards shall apply only to the portions of the structure which are actually renoshyvated

History-s 1 ch 77-128 s 1 ch 78-625 s 3 ch 79-267 s 2 ch 80-193

553907 Compliance-Owners of all buildings required to comply with this part must certify comshypliance to the designated local enforcement agency prior to receiving the permit to begin construction or renovation

History-s 1 ch 77-128

553908 Inspection-Before construction or renovation is completed the local enforcement agenshycy shall inspect buildings for compliance with the standards of this part

History-s 1 ch 77-128

5539085 Energy performance index disclo-

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Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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Page 17: Ch.553 BUILDING CONSTRUCTION ST AND ARDS F.S. 1983 CHAPTER 553 · 2013. 9. 12. · ch.553 building construction st and ards f.s. 1983 chapter 553 building construction standards part

Ch553 BUILDING CONSTRUCTION STANDARDS FS1983

sure for residential buildings-The energy pershyformance index resulting from compliance with the provisions of this part for each new residential buildshying shall be prominently displayed on the completed building until time of sale In conjunction with the normal responsibilities and duties of this part the loshycal building official shall issue an energy performance index display card to be placed on the building pershymit by the local building inspector at the time of final inspection by the building department The display card shall be uniform statewide and developed by the Department of Community Affairs At a minimum the display card shall list the energy performance inshydex resulting from compliance with the code the maximum EPI allowed for the specific house a locashytion for the builder and local enforcement agency to be listed and to sign and general information about the energy performance index and the code When compliance with the Florida Model Energy Efficiency Code for Building Construction is accomplished unshyder a section of the code that does not require the calculation of an energy performance index the builder shall calculate the EPI according to proceshydures provided for in the code or shall state that the EPI is unknown and might be higher than the maxishymum allowable EPI for a house of its size

History-s 3 ch 82-197 s 83 ch 83-55

553909 Setting requirements for applishyances exceptions-

(1) Water heaters sold after October 1 1980 for residential use shall be installed with a heat trap and shall have the thermostat set at 125deg F or whatever minimum the unit is capable of if it exceeds 125deg F Electric water heaters equipped with resistance eleshyments as the primary heat source shall be installed with a 24-hour timer but the timer requirements of

this subsection shall not apply to any electric water heater the standby loss of which does not exceed 4 watts per square foot of tank surface per hour Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1 1981 shall have a recovery efficiency of 75 percent or more and a standby loss in percent per hour not exceeding the number determined by dividshying 67 by the volume of the tank in gallons and addshying the result to 28

(2) Dishwashers sold after March 1 1981 shall be equipped so that the normal operating cycle does not include automatic switching on of the heating eleshyment for the drying portion of the operating cycle Dishwashers the controls of which permit the user to elect to have the heating element on during the dryshying portion of the operating cycle meet this requireshyment

(3) If the provisions of this section are preempted in part by federal standards those provisions not preempted shall apply

History-s 7 ch 80-163

553912 Air conditioners-All air conditioners sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Effishyciency Code for Building Construction These effishyciency ratings shall be minimums and may be updatshyed in the Florida Model Energy Efficiency Code for Building Construction by the department in accordshyance with s 553901 following its determination that more cost-effective energy-saving equipment and techniques are available

History-s 4 ch 81-226

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