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Florida Supplement to the 2015 IRC

ICC EDIT VERSION
Note 1: Throughout the document, change International Building Code to Florida Building Code, Building; change the International Energy Conservation Code to the Florida Building Code, Energy Conservation; change the International Existing Building Code to Florida Building Code, Existing Building; change the International Fire code to Florida Fire Prevention Code; change International Fuel Gas Code to Florida Building Code, Fuel Gas; change the International Mechanical Code to Florida Building Code, Mechanical; change the International Plumbing Code to Florida Building Code, Plumbing; change the International Residential Code to Florida Building Code, Residential.
PREFACE

Introduction

Development

History

The State of Florida first mandated statewide building codes during the 1970s at the beginning of the modern construction boom. The first law required all municipalities and counties to adopt and enforce one of the four state-recognized model codes known as the “state minimum building codes.” During the early 1990s a series of natural disasters, together with the increasing complexity of building construction regulation in vastly changed markets, led to a comprehensive review of the state building code system. The study revealed that building code adoption and enforcement was inconsistent throughout the state and those local codes thought to be the strongest proved inadequate when tested by major hurricane events. The consequences of the building codes system failure were devastation to lives and economies and a statewide property insurance crisis. The response was a reform of the state building construction regulatory system that placed emphasis on uniformity and accountability.

The 1998 Florida Legislature amended Chapter 553, Florida Statutes (FS), Building Construction Standards, to create a single state building code that is enforced by local governments. As of March 1, 2002, the Florida Building Code, which is developed and maintained by the Florida Building Commission, supersedes all local building codes. The Florida Building Code is updated every three years and may be amended annually to incorporate interpretations and clarifications.
Scope

The Florida Building Code is based on national model building codes and national consensus standards which are amended where necessary for Florida’s specific needs. However, code requirements that address snow loads and earthquake protection are pervasive; they are left in place but should not be utilized or enforced because Florida has no snow load or earthquake threat. The code incorporates all building construction-related regulations for public and private buildings in the State of Florida other than those specifically exempted by Section 553.73, Florida Statutes. It has been harmonized with the Florida Fire Prevention Code, which is developed and maintained by the Department of Financial Services, Office of the State Fire Marshal, to establish unified and consistent standards.

The base codes for the Sixth edition (2017) of the Florida Building Code include: the International Building Code®, 2015 edition; the International Plumbing Code®, 2015 edition; the International Mechanical Code®, 2015 edition; the International Fuel Gas Code®, 2015 edition; the International Residential Code®, 2015 edition; the International Existing Building Code®, 2015 edition; the International Energy Conservation Code, 2015; the National Electrical Code, 2014 edition; substantive criteria from the American Society of Heating, Refrigerating and Air-conditioning Engineers’ (ASHRAE) Standard 90.1-2013. State and local codes adopted and incorporated into the code include the Florida Building Code, Accessibility, and special hurricane protection standards for the High-Velocity Hurricane Zone.

The code is composed of nine main volumes: the Florida Building Code, Building, which also includes state regulations for licensed facilities; the Florida Building Code, Plumbing; the Florida Building Code, Mechanical; the Florida Building Code, Fuel Gas; the Florida Building Code, Existing Building; the Florida Building Code, Residential; the Florida Building Code, Energy Conservation; the Florida Building Code, Accessibility and the Florida Building Code, Test Protocols for High-Velocity Hurricane Zones. Chapter 27 of the Florida Building Code, Building, adopts the National Electrical Code, NFPA 70, by reference.

Under certain strictly defined conditions, local governments may amend requirements to be more stringent than the code. All local amendments to the Florida Building Code must be adopted by local ordinance and reported to the Florida Building Commission then posted on www.floridabuilding.org in Legislative format for a month before being enforced. Local amendments to the Florida Building Code and the Florida Fire Prevention Code may be obtained from the Florida Building Commission web site, or from the Florida Department of Business and Professional Regulation or the Florida Department of Financial Services, Office of the State Fire Marshal, respectively.
Adoption and Maintenance

[Note to editor: Replace ICC “Adoption” and “Maintenance” with the following text:]

The Florida Building Code is adopted and updated with new editions triennially by the Florida Building Commission. It is amended annually to incorporate interpretations, clarifications and to update standards. Minimum requirements for permitting, plans review and inspections are established by the code, and local jurisdictions may adopt additional administrative requirements that are more stringent. Local technical amendments are subject to strict criteria established by Section 553.73, F.S. They are subject to Commission review and adoption into the code or repeal when the code is updated triennially and are subject to appeal to the Commission according to the procedures established by Section 553.73, F.S.

Eleven Technical Advisory Committees (TACs), which are constituted consistent with American National Standards Institute (ANSI) Guidelines, review proposed code changes and clarifications of the code and make recommendations to the Commission. These TACs whose membership is constituted consistent with American National Standards Institute (ANSI) Guidelines include: Accessibility; Joint Building Fire (a joint committee of the Commission and the State Fire Marshal); Building Structural; Code Administration/ Enforcement; Electrical; Energy; Mechanical; Plumbing and Fuel Gas; Roofing; Swimming Pool; and Special Occupancy (state agency construction and facility licensing regulations).

The Commission may only issue official code clarifications using procedures of Chapter 120, Florida Statutes. To obtain such a clarification, a request for a Declaratory Statement (DEC) must be made to the Florida Building Commission in a manner that establishes a clear set of facts and circumstances and identifies the section of the code in question. Requests are analyzed by staff, reviewed by the appropriate Technical Advisory Committee, and sent to the Florida Building Commission for action. These interpretations establish precedents for situations having similar facts and circumstances and are typically incorporated into the code in the next code amendment cycle. Non-binding opinions are available from the Building Officials Association of Florida’s web site (www.BOAF.net) and a Binding Opinion process is available online at www.floridabuilding.org.
Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers)

[Note to editor: Use paragraphs 1 specific to this code through the code committee descriptors. Delete the remaining text in this section.]
Marginal Markings

Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2009 edition. Deletion indicators in the form of an arrow () are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or table has been deleted.

A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2015 Edition of the International Residential Code. [Delete table]

Dotted vertical lines in the margins within the body of the code indicate a change from the requirements of the base codes to the Florida Building Code, 6th Edition (2017) effective ???.

Sections deleted from the base code are designated “Reserved” in order to maintain the structure of the base code.
Italicized Terms

[No change to I Code text.]
Acknowledgments

The Florida Building Code is produced through the efforts and contributions of building designers, contractors, product manufacturers, regulators and other interested parties who participate in the Florida Building Commission’s consensus processes, Commission staff and the participants in the national model code development processes.
[Note to Editor: Delete the following ICC text in its entirety:]

Effective Use of the …

Legislation


CHAPTER 1, SCOPE AND ADMINISTRATION
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two-family Dwellings of [NAME OF JURISDICTION] Florida Building Code, Residential, and shall be cited as such and will be

referred to herein as “this code.”


Section R101.2 Scope. Change to read as follows:
R101.2 Scope. The provisions of the International Residential Code for One- and Two-family Dwellings Florida Building Code, Residential, shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one– and two–family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height.

Exceptions:
1.- 2. (No change)

3. Existing buildings undergoing repair, alteration, or additions, and or change of occupancy shall comply with the Florida Building Code, Existing Building..


R101.2.1 The provisions of Chapter 1, Florida Building Code, Building, shall govern the administration and enforcement of the Florida Building Code, Residential.

Section R101.3 Intent. Change to read as follows:

R101.3 Intent. The purpose of this code is to establish minimum requirements to safeguard the public safety, health and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conservation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. Reserved.
Sections R102 through R114. Change to read as follows:

SECTION R102

APPLICABILITY

RESERVED

R102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

R102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.

R102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.

R102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2.
Exception:
Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer’s instructions shall apply.

R102.4.1 Differences. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

R102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

R102.5 Appendices. Provisions in the appendices shall not apply unless specifically referenced in the adopting ordinance.

R102.6 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

R102.7.1 Additions, alterations or repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with all of the requirements of this code, unless otherwise stated. Additions, alterations or repairs shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

 

SECTION R103



DEPARTMENT OF BUILDING SAFETY

RESERVED

R103.1 Creation of enforcement agency. The department of building safety is hereby created and the official in charge thereof shall be known as the building official.

R103.2 Appointment. The building official shall be appointed by the jurisdiction.

R103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official.
SECTION R104

DUTIES AND POWERS OF THE BUILDING OFFICIAL

RESERVED

R104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in conformance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

R104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection and alteration of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.

R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.

R104.4 Inspections. The building official is authorized to make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

R104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

R104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official or designee is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

R104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for the retention of public records.

R104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

R104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

R104.9.1 Used materials and equipment. Used materials, equipment and devices shall not be reused unless approved by the building official.

R104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety.

R104.10.1 Flood hazard areas. The building official shall not grant modifications to any provisions required in flood hazard areas as established by Table R301.2(1) unless a

determination has been made that:

1. There is good and sufficient cause showing that the unique characteristics of the size, configuration or topography of the site render the elevation standards of Section R322 inappropriate.

2. Failure to grant the modification would result in exceptional hardship by rendering the lot undevelopable.

3. The granting of modification will not result in increased flood heights, additional threats to public safety, extraordinary public expense, cause fraud on or victimization of the public, or conflict with existing laws or ordinances.

4. The modification is the minimum necessary to afford relief, considering the flood hazard.

5. Written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the design flood elevation increases risks to life and property, has been submitted to the applicant.

R104.11 Alternative materials, design and methods of construction and equipment.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been
approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code. Compliance with the specific performance-based provisions of the International Codes in lieu of specific requirements of this code shall also be permitted as an alternate.

 R104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and



complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this

code. Compliance with the specific performance-based provisions of the International Codes shall be an alternative to the specific requirements of this code. Where the alternative

material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved.
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